Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41817
Xin Yan 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) |
|---|---|---|
| 2026-01-08 | Correspondence (sent by the Court) to, the applicant - Letter by the Registrar - Nothing further | |
| 2026-01-08 | Close file on Leave | |
| 2025-12-19 | Reconsideration not accepted for filing, Letter by the Registrar sent to parties (by email) | |
| 2025-12-08 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2025-12-01 |
Motion for reconsideration of the application for leave to appeal, (Book Form), Amended notice rec'd 2025-12-02 Missing: Affidavit (rec'd 2025-12-15) , Completed on: 2025-12-18 |
Xin Yan |
| 2025-11-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-11-27 | Judgment on leave sent to the parties | |
| 2025-11-27 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-128-23, dated August 23, 2023, is dismissed. Dismissed |
|
| 2025-09-15 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-09-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-06-30 | Certificate (on limitations to public access), (Letter Form), 23A | Xin Yan |
| 2025-06-30 |
Applicant's reply to respondent's argument, (Book Form), Missing Proof of Service , Completed on: 2025-09-16 |
Xin Yan |
| 2025-06-23 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2025-06-23, (Printed version filed on 2025-06-25) | Attorney General of Canada |
| 2025-06-23 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-06-25) | Attorney General of Canada |
| 2025-06-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-06-23, (Printed version filed on 2025-06-25) | Attorney General of Canada |
| 2025-06-03 | Correspondence received from, (Letter Form) | Attorney General of Canada |
| 2025-05-30 | Correspondence received from, (Letter Form), (Printed version due on 2025-06-06) | Attorney General of Canada |
| 2025-05-23 | Correspondence received from, (Letter Form) | Xin Yan |
| 2025-05-22 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-05-13 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing Affidavit in support , Completed on: 2025-05-23 |
Xin Yan |
| 2025-04-28 |
Application for leave to appeal, (Book Form), Missing Amended 23A/Public Access to Information Form (Rec'd 2025-05-29) Complete TC Judgment (Rec'd 2025-05-29) Proof of Service , Completed on: 2025-06-17 |
Xin Yan |
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 |
|---|---|---|
| Yan, Xin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Yan, Xin
This party is not represented by counsel.
Party: Attorney General of Canada
Counsel
Niloofar Sharif
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (647) 256-7330
FAX: (416) 973-0810
Email: laurent.bartleman@justice.gc.ca
Agent
Department of Justice Canada, Civil Litigation Sector
50 O’Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 295-0765
FAX: (613) 954-1920
Email: SCCAgentCorrespondentCSC@justice.gc.ca
Summary
Keywords
Administrative law – Judicial review – CRA determining that applicant ineligible for certain benefits – Whether Federal Court and Federal Court of Appeal acted without proper legal basis and contrary to law and procedural fairness by dismissing judicial review application and subsequent appeal
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 applicant, Xin Yan, applied for benefits under the Canada Emergency Response Benefit Act, S.C. 2020, c. 5, s. 8, and Canada Recovery Benefits Act, S.C. 2020, c. 12, s. 2. His applications were denied. The Federal Court dismissed Xin Yan’s application for judicial review. The Federal Court of Appeal dismissed his appeal.
Lower court rulings
Application dismissed
Federal Court of Appeal
A-128-23
Order granting applicant further 30 days to file appeal book
Filed documents
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 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 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
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available