Social Security Tribunal Appeal Division allowed Minister of Employment and Social Development’s appeal from General Division’s decision. Appeal Division held that s. 49, not s. 44, of Canada Pension Plan (CPP) applied for purpose of calculating applicant’s retirement pension contributory period. Appeal Division confirmed that applicant’s contributory period was 79 months rather than 75 months. Applicant brought application for judicial review. Application dismissed. It was reasonable for Appeal Division to apply s. 49 of CPP to calculate contributory period in context of retirement pension. It was open to Appeal Division to refuse to hear new evidence.
Bartlett v. Canada (Attorney General) (2018), 2018 CarswellNat 5169, 2018 FCA 165, Nadon J.A., Stratas J.A., and Richard Boivin J.A. (F.C.A.).