Benefits & Social Security
Benefits & Social Security judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Appeal Allowed: Social Security Tribunal Corrects Reconsideration Error
A court found an error in how Employment Insurance (EI) benefits were reviewed by the Canada Employment Insurance Commission. The Appeal Division corrected this mistake, allowing the claimant to keep their EI benefits without having to repay them.
SST Dismisses OAS Pension Appeal Over Residency Issues
The Social Security Tribunal dismissed an appeal by an elderly man seeking a full Old Age Security (OAS) pension. The tribunal found that while the claimant had lived in Canada during certain periods, he did not meet the residency requirements to qualify for a full OAS pension. He was eligible for partial benefits.
Federal Court rejects CERB eligibility challenge
The Federal Court dismissed an application for judicial review of a decision denying eligibility for the Canada Emergency Response Benefit (CERB). The court ruled that the applicant had not provided enough evidence to prove they met the income requirement of at least $5,000 in the relevant period.
Federal Court Grants Judicial Review of CRA Benefit Decisions Due to Procedural Unfairness
The Federal Court overturned a decision by the Canada Revenue Agency (a person) regarding eligibility for emergency benefits because a person's review process was unfair and denied the applicant an adequate chance to present their case.
Federal Court Dismisses CERB Eligibility Appeal
The Federal Court dismissed an appeal against a decision denying eligibility for the Canada Emergency Response Benefit (CERB). The court found that the claimant failed to provide adequate proof of income, as required by the CERB eligibility criteria.
CPP Disability Pension Granted Due to Severe Knee Injury
Self-Employed Not Entitled to Benefits If Income Unchanged After Accident
Federal Court Rejects Judicial Review of CRA Decision on CERB, CRB & CRSB
The Federal Court dismissed an application by a self-represented litigant challenging the Canada Revenue Agency’s (a person) decision regarding eligibility for CERB, CRB, and CRSB. The court found that the a person process was fair and its decision reasonable based on the evidence provided.
Appeal Division finds error in Employment Insurance reconsideration
Motion for Class Action Certification Dismissed Due to Insufficient Pleadings
Federal Court Sets Aside CERB and CRB Eligibility Decisions Due to Lack of Procedural Fairness
Social Security Tribunal Rules Settlement Proceeds as Employment Insurance Earnings
In a recent Employment Insurance case, the Social Security Tribunal ruled that settlement proceeds received by an employee after termination are considered earnings under the Employment Insurance Act. The Tribunal dismissed the appeal, stating that the employee did not provide sufficient evidence to prove that the settlement proceeds were not for loss of income due to termination.
Federal Court Rejects CRB Eligibility Challenge
A self-employed individual challenged a a person decision denying their eligibility for a person. The Federal Court dismissed this challenge, finding that the agent's determination was reasonable and procedurally fair according to the relevant laws and evidence submitted.
Federal Court Allows Judicial Review of CRA CRB Denial
The Federal Court ruled in favour of a person who received Employment Insurance benefits and then applied for the Canada Recovery Benefit (CRB). The court found that the Canada Revenue Agency’s decision to deny CRB eligibility based on an incorrect interpretation of the law was unreasonable.
Appeal Dismissed: Settlement Payments Are Earnings for EI Purposes
A terminated employee appealed against the Social Security Tribunal’s ruling that their settlement payment was considered employment income for EI purposes. The Appeal Division dismissed the appeal, finding insufficient evidence to prove the payment was not compensation for lost wages or benefits.
Appeal Allowed: Commission's Consideration of Reconsideration Request Upheld
Claimant's Request for Additional Compensation for Hearing Loss and Tinnitus Denied
CPP Disability Pension Appeal Denied Due to Lack of Evidence
Federal Court Grants Judicial Review on CRB Eligibility
The Federal Court granted a request for judicial review, ruling that the Officer's decision on CRB eligibility was unreasonable because it did not properly interpret the relevant legislation.