Judicial review was to assess if Appeal Division's conclusion had acceptable basis in fact and law

Pensions – Federal and provincial pension plans – Federal pension plans

Applicant’s application for disability benefits under Canada Pension Plan was dismissed by General Division of Social Security Tribunal. Applicant’s appeal to Appeal Division of Tribunal was dismissed, as was her request for reconsideration. Applicant applied for judicial review. Application dismissed. Only task on judicial review was to assess whether Appeal Division had acceptable basis on facts and law to reach conclusion it did. Court could not consider evidence and reach own conclusion about applicant’s eligibility for benefits. Appeal Division’s factual and discretionary decisions that limited, well-defined circumstances that would entitle applicant to grant of leave to appeal were not present and that her new evidence on reconsideration request was not new or material had to be deferred to. Appeal Division’s decision did not suffer from overriding serious defect on facts or law that would allow it to be set aside.

Singh v. Canada (Attorney General) (2020), 2020 CarswellNat 152, 2020 FCA 16, Dawson J.A., David Stratas J.A., and Woods J.A. (F.C.A.).

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