In a Global News article, Professor Jasminka Kalajdzic commented on a new class action against Federal Government by seniors who have been asked to repay CERB.
"A class-action lawsuit may be a lengthy way to get the courts to weigh in on the matter," says Professor Kalajdzic. "While it’s not unusual for litigation to be brought against the government over questions of statutory interpretation or how policies are enacted, it’s rare to see a class-action lawsuit that does not ask for a cash payment."
She adds that a speedier way to bring the issue before the court may be for a single individual to launch a lawsuit, with an understanding that the government would treat the process as a test case and be bound by the court’s interpretation.
Under this scenario, “if the court decides …the government is wrong as a matter of law, they will change their administrative process and stop demanding the CERB repayment,” says Professor Jasminka Kalajdzic. “And the case is over.”
This process would also present a lower financial risk for the government, which wouldn’t have to worry about potentially footing an expensive legal bill for a class-action lawsuit, she says.