Proof that claimant suffered from chronic pain syndrome did not automatically mean claimant was entitled to disability benefits

Federal appeal | Pensions | Federal and provincial pension plans | Federal pension plans

General Division of Social Security Tribunal (SST-GD) upheld denial of Canada Pension Plan disability benefits to claimant because he did not establish that he suffered from severe and prolonged disability. Appeal Division of Social Security Tribunal (SST-AD) dismissed claimant’s appeal. Claimant brought application for judicial review. Application dismissed. SST-AD’s decision was reasonable. Jurisprudence did not stand for proposition that SST-AD may re-weigh evidence that was before SST-GD. Proof that claimant suffered from chronic pain syndrome did not automatically mean that claimant was entitled to disability benefits. SST-GD and SST-AD did not make reviewable error in assessing claimant’s claim, as there were facts to support conclusion that he did not meet statutory definition of disability.

Garvey v. Canada (Attorney General) (2018), 2018 CarswellNat 2890, 2018 FCA 118, D.G. Near J.A., Mary J.L. Gleason J.A., and J.B. Laskin J.A. (F.C.A.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

OBA Innovator-in-Residence Colin Lachance aims to help lawyers integrate AI into their practice

Ontario Superior Court rejects mining company’s breach of agreement and confidentiality claims

Ontario Superior Court orders plaintiff to pay substantial costs despite injury claims

Labour and employment lawyer Muneeza Sheikh opens her practice as part of 'building a brand'

Ontario Superior Court awards damages in domestic assault case due to defendant's default

Ontario Privacy Commissioner calls for stronger access and privacy protections

Most Read Articles

Labour and employment lawyer Muneeza Sheikh opens her practice as part of 'building a brand'

Ontario Superior Court awards damages in domestic assault case due to defendant's default

Ont. Superior Court upholds Human Rights Tribunal's denial of reconsideration in discrimination case

Ontario Privacy Commissioner calls for stronger access and privacy protections