
Benefits & Social Security judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
The Social Security Tribunal of Canada dismissed a man's appeal for a a person disability pension. The tribunal ruled that he did not prove severe and prolonged disability by the eligibility deadline due to improvements noted in his medical records.
The Social Security Tribunal ruled in favour of the Commission, allowing them to use their discretion to reconsider a claimant's employment insurance benefits even without new information. This decision upholds the Commission’s right to act judicially within legal limits when reviewing benefit claims.
In a case involving Employment Insurance benefits, the Appeal Division dismissed the claimant’s appeal, agreeing with the lower court that leaving employment voluntarily without just cause disqualified him from receiving benefits.
The claimant successfully appealed the denial of their reconsideration request for their a person (a person) retirement pension. They argued that they were not properly notified within the required timeframe due to an incomplete initial notice from the Minister. The court agreed and ordered a new decision on the matter.
The Appeal Division allowed the Commission's appeal and set a limitation period for reconsideration decisions under section 52(5) of the Employment Insurance Act at January 21, 2019. This decision overturned the General Division’s finding that the time frame was shortened to 60 months.
A retiree appealed a decision about their CPP retirement pension but was denied permission to proceed with an appeal by the Social Security Tribunal because they did not provide any new evidence or show that there was an error in the original decision.
In this case, the Social Security Tribunal clarified how to allocate severance and vacation payments for Employment Insurance benefits. The tribunal ruled that vacation pay should start being counted from the layoff date, but severance pay must be counted from when employment ended permanently.
A person seeking to overturn a decision about overpayment of their OAS and GIS benefits was denied the right to appeal by the Social Security Tribunal's Appeal Division due to insufficient grounds or new evidence.
The Social Security Tribunal of Canada denied a claimant's request to appeal a decision regarding overpayment of Old Age Security benefits. The claimant argued that they were not in a common-law relationship during the period in question but failed to present new evidence or an arguable case of error.
The Federal Court granted an application for judicial review, overturning the Canada Revenue Agency's decision to deny the claimant's applications for CERB and CRB benefits. The Court found the decision unreasonable due to insufficient analysis of the evidence presented.
The claimant asked the Social Security Tribunal for permission to appeal a decision about his CPP retirement pension calculation. Permission was denied because the claimant did not provide new evidence or identify any errors in the original decision.
The appeal was allowed because the a person Division made decisions outside its authority when reviewing an Employment Insurance claim. The decision highlights the importance of adhering to legal jurisdiction in employment insurance cases.