Federal Court


Federal and provincial pension plans

Federal pension plans

Claimant denied CPP disability benefits based on depression caused by homophobic discrimination

Claimant was denied Canada Pension Plan disability benefits by General Division of Social Security Tribunal of Canada. Basis of claim was inability to work due to anxiety and depression arising from homophobic discrimination in various workplaces Application for leave to appeal refused under s. 58 of Department of Employment and Social Development Act. Claimant applied for judicial review. Application dismissed. Claimant provided no medical evidence to show 2007 doctor’s declaration that claimant able to return to regular duties was incorrect or his condition had changed. Insufficient evidence to show he was disabled in December 2008 and his employment in 2011-2012 showed he had not been continuously disabled. Recent doctor’s report stating he was incapable of working due to anxiety and depression came several years subsequent to qualifying date of December 2008 and was considered by court in refusing leave to appeal. Not role of court to re-weigh evidence and make new determination on merits. General Division considered claimant’s circumstances at great length and decision was reasonable, as was Appeal Division’s decision.

Euverman v. Canada (Attorney General) (2017), 2017 CarswellNat 6630, 2017 CarswellNat 6929, 2017 FC 1054, 2017 CF 1054, Michael D. Manson J. (F.C.).

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