PENSIONS |
Le Corre v. Canada (Solicitor General)
T-317-03
2004 FC 155, Hugessen J.
4/1/04
17 pp.
Class action--Motion to bring class action against respondents based on latter's failure to use tax information in possession of Canada Customs and Revenue Agency (CCRA) to inform elderly persons potentially eligible for Guaranteed Income Supplement (Supplement) of conditions of eligibility for benefit--CCRA, using tax information obtained from tax returns, identified elderly persons potentially capable of applying for Supplement and forwarded information to Department of Human Resources Development (Department) --In June 2003 applicant filed motion to bring class action: maintained systemic fault, that of doing nothing to inform group by procedure set out in Old Age Security Act, s. 33.11(a) and in Income Tax Act, s. 241(4)(e)(viii)--Court must determine whether applicant's motion meets five conditions set out in Federal Court Rules, 1998, r. 299.18-- First, courts refuse class action remedy when "plain and obvious" applicant has no reasonable cause of action and action doomed to failure--In case at bar, applicant's action based entirely on argument respondents' omission breach of equality right protected by Canadian Charter of Rights and Freedoms, s. 15--Thus crucial to look closely at judicial interpretation of concept of discrimination in constitutional context, so as to determine whether reasonable cause of action exists--In Law v. Canada (Minister of Employment and Immigration), [1999] 1 S.C.R. 497, Supreme Court developed three stages for analyzing conditions necessary to support allegation of discrimination--As to differential treatment between two groups (first stage of analysis), treatment herein favouring group represented by applicant, not to its detriment --As three-stage test cumulative, analysis of this first stage suffices to conclude no discrimination--Not even slightest shadow of indication of discrimination--Misunderstanding of fundamental legal principles demonstrated by counsel for applicant staggering--Accordingly, complete lack of reasonable cause of action--No legal obligation on respondents to inform potential claimants of Supplement--As conditions mentioned in r. 299.18 cumulative, not necessary to examine other conditions mentioned in that rule in order to conclude applicant's motion should be dismissed--Motion for leave dismissed--Old Age Security Act, R.S.C., 1985, c. O-9, s. 33.11(a) (as enacted by S.C. 1997, c. 40, s. 102; 2000, c. 12, s. 107)--Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1, s. 241(4)(e)(viii)--Federal Court Rules,1998, SOR/98-106, r. 299.18 (as enacted by SOR/2002-417, s. 17)--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15.