No jurisdiction to allow appeal based on compassion or extenuating circumstances

Pensions - Federal and Provincial Pension Plans - Federal Pension Plans

Applicant’s husband worked in Iran for 18 years and made contributions to Canada Pension Plan (CPP) for five out of eight years he lived in Canada before his death. Minister of Employment and Social Development determined that applicant was not eligible for CPP survivor’s pension because her husband had not contributed to CPP for minimum contributory period of ten years and Canada did not have agreement with Iran for recognition of husband’s work history there. Social Security Tribunal’s General Division (GD) summarily dismissed applicant’s appeal. GD noted that it was not empowered to exercise equitable power, in response to applicant’s argument that contributory period should be based on when husband came to Canada rather than from when he turned 18, and noted it did not have power to order repayment of husband’s CPP contributions. Social Security Tribunal’s Appeal Division (AD) dismissed appeal. Applicant brought application for judicial review. Application dismissed. There was no procedural unfairness. GD properly concluded that it did not have jurisdiction to allow appeal based on compassion or extenuating circumstances. AD reasonably found that GD did not fail to observe principles of natural justice. There was no provision to allow repayment of CPP contributions. It was reasonable for AD to uphold GD’s finding that they could not make order contrary to limits on survivor's benefits.

Savodji v. Canada (Attorney General) (2019), 2019 CarswellNat 4224, 2019 CarswellNat 4782, 2019 FC 1081, 2019 CF 1081, Glennys L. McVeigh 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

LSO Convocation approves license proposal for non-lawyer family legal services providers

Recent ruling a 'cautionary tale' for start-ups, says IP lawyer

OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders

Law Society of Ontario extends virtual verification until January 2024

Ontario Court of Appeal upholds summary judgment in seller's favour after buyer fails to close

Heather Johnston joins Law Foundation of Ontario's board of trustees

Most Read Articles

Seven new judges join Ontario Court of Justice

LSO and federation push Metrolinx to find alternative to new subway station on Osgoode Hall property

LSO Convocation approves license proposal for non-lawyer family legal services providers

OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders