Case information
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41554
Aijun Sun v. Attorney General of Canada
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-05-16 | Close file on Leave | |
| 2025-05-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-15 | Judgment on leave sent to the parties | |
| 2025-05-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-274-23, 2024 FCA 152, dated September 19, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-03-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-12-12 | Certificate (on limitations to public access), 23A, (Printed version due on 2024-12-19) | Attorney General of Canada |
| 2024-12-12 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-12-13, (Printed version due on 2024-12-19) | Attorney General of Canada |
| 2024-11-20 | Letter advising parties of an incomplete application for leave to appeal, File open | |
| 2024-11-18 |
Certificate (on limitations to public access), Form 23A Need an amended version (rec'd 2024-11-21) |
Aijun Sun |
| 2024-11-18 |
Application for leave to appeal, (Book Form), Missing: -Amended Form 23A (rec'd 2024-11-21) , Completed on: 2024-11-21 |
Aijun Sun |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Sun, Aijun | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Sun, Aijun
This party is not represented by counsel.
Party: Attorney General of Canada
Counsel
Jonathan Bachir-Legault
200, René-Lévesque Blvd. West
East Tower, 9th floor
Montréal, Quebec
H2Z 1X4
Telephone: (438) 466-3130
FAX: (514) 238-3103
Email: Christophe.tasse-breault@justice.gc.ca
Agent
National Litigation Sector
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6376
Email: SCCAgentCorrespondantCSC@justice.gc.ca
Summary
Keywords
Administrative law — Judicial review — Standard of review — Natural justice — New evidence — Whether the new evidence was admissible or relevant to the case based on the fresh evidence test — What standard of review should be used to review administrative decisions — Whether the application for leave to appeal raises an issue of public importance.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The Canada Revenue Agency (“CRA”) determined that the applicant, Aijun Sun, was not eligible for benefits she received under s. 3 of the Canada Recovery Benefits Act, S.C. 2020, c. 12, s. 2, and required her to repay the benefits. The Federal Court dismissed the applicant’s application for judicial review of the CRA decision.
The Federal Court of Appeal unanimously dismissed the applicant’s appeal. It held that, as the Federal Court had found, the CRA’s decision was reasonable. Its decision was based on findings supported by an acceptable and defensible view of the evidence and the law. It also held that, as the Federal Court found, the CRA’s decision was not subverted by any procedural fairness.
Lower court rulings
Application for judicial review dismissed
See file
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available