Not role of court on judicial review to decide afresh claimant’s entitlement to disability pension

Pensions - Federal and Provincial Pension Plans - Federal pension plans

Claimant suffered back injury in workplace accident, leading to chronic pain. Minister of Employment and Social Development denied claimant’s application for disability pension under Canada Pension Plan. General Division of Social Security Tribunal dismissed claimant’s appeal on ground that claimant did not have severe disability on her minimum qualifying period date. Appeal Division of Social Security Tribunal dismissed claimant’s appeal on ground that General Division did not err or deny her procedural fairness. Claimant brought application for judicial review. Application dismissed. Finding that claimant currently had disability would not assist her, as disability must be found as of minimum qualifying period date. It was not role of court on judicial review to decide afresh claimant’s entitlement to disability pension so merits could not be reconsidered. General Division expressly stated that it reviewed all medical evidence on file, and fact that it did not make specific reference to certain evidence did not mean that it was ignored.

Mackey v. Canada (Attorney General) (2019), 2019 CarswellNat 2337, 2019 FCA 168, Eleanor R. Dawson J.A., Judith Woods J.A., and J.B. Laskin J.A. (F.C.A.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Province’s auto insurance plan deemed problematic by lawyers

Ontario Human Rights Commission calls on police to address racial profiling

Cassels Brock’s Noble Chummar reappointed to LCBO

Ford government’s cuts to Toronto city council ruled constitutional

Histories of Canadian law and Métis people are entwined, says Jean Teillet

More women are on TSX company boards - but there’s slow progress to the C-Suite, says Osler

Most Read Articles

Ontario court rules cap on general damages does not apply to sexual abuse

Man discharged from his fourth bankruptcy

Ontario law firms targeted by divorce settlement fraud attempts

Ford government’s cuts to Toronto city council ruled constitutional