Background
Commander Robert Briggs (Retired) purchased a home in St. Albert, Alberta in 2012 for $1,024,398.90. In May 2020, the Canadian Armed Forces posted him to Ottawa. He was forced to sell his home and, after months of declining the listing price in a depressed market, sold it in March 2021 for $865,000—a loss of $189,019.40 in equity.
Under the Canadian Forces Integrated Relocation Program (CFIRP), Briggs was entitled to Home Equity Assistance (HEA) limited to $30,000 in core benefits plus additional custom and personalized benefits, for a total reimbursement of $43,650.39. Briggs argued his loss constituted an “exceptional circumstance” and requested the Canadian Armed Forces refer his claim to the Treasury Board Secretariat (TBS) for 100% reimbursement. After the Military Grievance External Review Committee recommended his file be submitted to TBS, the Chief of Defence Staff (CDS), acting as the Final Authority in the grievance process, denied the request and refused to recommend it to TBS, finding no exceptional circumstances existed.
The Court’s Holding
Justice Strickland granted Briggs’ application for judicial review. The court first addressed the jurisdictional question: although TBS has exclusive authority to *approve* reimbursement for exceptional circumstances, the CDS has authority to *determine* whether circumstances are exceptional before referring the matter. The court found the FA did not exceed her jurisdiction in making that determination.
However, the court found the FA’s decision unreasonable on the merits. The FA relied narrowly on Canadian Mortgage and Housing Corporation reports and real estate statistics showing “remarkable stability” in Edmonton housing prices to conclude that the equity loss was not exceptional. The court found this analysis failed to adequately engage with the Applicant’s evidence regarding COVID-19 pandemic impacts, the depressed Alberta oil and gas industry, and the limited pool of military buyers at CFB Edmonton. The FA also acted contrary to a September 2, 2020 CDS directive directing that cases involving catastrophic equity losses exceeding $30,000 be submitted to TBS. The Review Committee’s thorough analysis identifying exceptional circumstances was dismissed without adequate reasoning.