Judge should not have discussed merits of discrimination complaint

Federal appeal | Human Rights | Practice and procedure | Commissions, tribunals and boards of inquiry

Canada Revenue Agency (CRA) found that complainant was married, not separated, so she had to repay certain benefits and credits she had received. Complainant later established she had been separated. Canadian Human Rights Commission dismissed complainant’s complaint that CRA discriminated against her on ground of marital status. Relying on s. 41(1)(b) of Canadian Human Rights Act, Commission decided not to deal with complaint on ground that it could be more appropriately dealt with by Tax Court of Canada under Income Tax Act. Federal Court judge dismissed complainant’s application for judicial review. Complainant appealed. Appeal dismissed. There were no grounds to interfere with judgment. Commission’s decision was reasonable and relied on proper legal basis to dismiss complaint. Commission did not breach any obligations of procedural fairness. Judge should not have discussed merits of discrimination complaint as Commission did not rule on merits so issue was not before Federal Court.

Maximova v. Canada (Attorney General) (2019), 2019 CarswellNat 569, 2019 FCA 37, Gauthier J.A., David Stratas J.A., and Rennie J.A. (F.C.A.); affirmed (2018), 2018 CarswellNat 1423, 2018 CarswellNat 1678, 2018 FC 376, 2018 CF 376, Sébastien Grammond J. (F.C.).

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Alexander Holburn opens Toronto office

Comic book helps newcomers find legal resources

Burford Capital makes governance change ahead of US IPO plan

Appeal court ‘withdraws’ real estate decision after it was signed in error

Challenges continue for legal aid practitioners despite funding boost from Ottawa

Orlando Da Silva to receive Youth Mental Health Hero Award

Most Read Articles

Appeal court ‘withdraws’ real estate decision after it was signed in error

Former Bennett Jones partner Hugo Alves to become CEO of cannabis firm Auxly

Province should be cautious using ADR for domestic violence cases, say lawyers

Challenges continue for legal aid practitioners despite funding boost from Ottawa