Since no oral hearing was held, there was no requirement for General Division to hear from witnesses

Federal and Provincial Pension Plans - Federal pension plans

Minister of Employment and Social Development denied applicant’s application for disability pension under Canada Pension Plan. General Division of Social Security Tribunal dismissed appeal on basis that applicant did not suffer from severe and prolonged disability because, while her doctors placed limits on her abilities to work, it was not possible to ascertain whether she was unable to work at sedentary position. Appeal Division of Social Security Tribunal dismissed applicant’s appeal. Appeal Division held that General Division made its finding that there was no medical evidence to indicate that applicant was unable to be substantially employed with express regard to doctor’s report that stated that applicant was not capable of any work. Appeal Division rejected claims that applicant was denied procedural fairness because General Division did not contact applicant’s witnesses who were prepared for oral hearing. Applicant brought application for judicial review. Application dismissed. Appeal Division did not make reviewable error with respect to General Division’s factual findings or allegation of procedural unfairness. General Division considered doctor’s report that applicant was not capable of work but placed more weight on doctor’s later report that indicated applicant had ability to work in some capacity. Appeal Division correctly concluded that applicant was not denied procedural fairness. Since no oral hearing was held, there was no requirement for General Division to hear from witnesses.

Sjogren v. Canada (Attorney General) (2019), 2019 CarswellNat 2045, 2019 FCA 157, D.G. Near J.A., Donald J. Rennie J.A., and George R. Locke J.A. (F.C.A.).

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