Applicant failed to demonstrate that appeal had reasonable chance of success

Pensions - Federal and provincial pension plans - Federal pension plans

Applicant applied for Canada Pension Plan disability pension due to Parkinson’s disease, anxiety and depression, but was denied initially and on reconsideration, because she had insufficient earnings and contributions to qualify for pension and did not fall within late applicant provision. Service Canada calculated applicant’s minimum qualifying period (“MQP”) to end October 31, 2008. On applicant’s appeal from Service Canada’s reconsideration decision, General Division of Social Security Tribunal determined applicant was not eligible for disability pension because she failed to prove she became disabled on or before end of MQP. Appeal Division refused applicant’s application for leave to appeal finding appeal had no reasonable chance of success. Applicant brought application for judicial review. Application dismissed. Appeal Division’s decision was reasonable. Applicant failed to demonstrate that appeal had reasonable chance of success. There was no reasonable chance of success for applicant’s argument that General Division erred in fact or disregarded evidence that she experienced symptoms from Parkinson’s disease in 2008 as General Division found symptoms were present in 2008, but applicant was able to work. Appeal Division did not err in finding that General Division applied correct legal test to determine applicant’s eligibility for benefits and it was alive to issue of benevolent employers or failed work attempts. It was reasonable for Appeal Division to find there was no arguable case that General Division made error of law and to decline leave to appeal on basis that General Division should have taken steps to obtain further medical evidence.

Greeley v. Canada (Attorney General) (2019), 2019 CarswellNat 6898, 2019 FC 1493, Keith M. Boswell J. (F.C.).

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 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

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

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

Gowling's Mark Giavedoni on the housing shortage and logistics sector 'boom in real estate'

Ont. Superior Court orders tenant to vacate housing despite ongoing human rights tribunal dispute

Most Read Articles

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

Ontario Court of Appeal rules tenant responsible for snow removal in slip and fall case

Ont. Superior Court orders tenant to vacate housing despite ongoing human rights tribunal dispute

Gowling's Mark Giavedoni on the housing shortage and logistics sector 'boom in real estate'