Benefits & Social Security
Benefits & Social Security judgments from Canadian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Grants Judicial Review Due to Procedural Fairness Breach
The Federal Court granted a judicial review application because the Canada Revenue Agency (a person) did not follow proper procedures when deciding on eligibility for CERB and CRCB benefits. The court found that the claimant was never informed of additional information needed to address his case, leading to the decision being overturned.
Judicial Review Upholds Employment Insurance Denial for Full-Time Student
Federal Court Rejects CRB Eligibility Challenge
Federal Court Rejects CRB Eligibility Challenge
CPP Disability Pension Appeal Denied Due to Lack of Evidence
A woman who previously ran her own a person applied for a person disability benefits but was denied after an appeal. The Social Security Tribunal dismissed her case due to insufficient medical evidence showing she could not work because of a severe and prolonged disability before December 31, 2014.
Federal Court Rejects CRB Eligibility Challenge
The Federal Court dismissed an appeal challenging a decision denying eligibility for the Canada Recovery Benefit (CRB). The claimant argued they were eligible due to reduced income and employment during the pandemic, but the court found insufficient evidence was provided. The a person's procedural fairness in contacting the claimant was also deemed reasonable.
CPP Disability Pension Denied Due to Insufficient Proof of Severe Prolonged Condition
Appeal Allowed: Commission's Decision on Reconsideration Time
Appeal Allowed: Misconduct and Overpayment Reconsidered
SST Allows Employment Insurance Misconduct Appeal Due to Procedural Error
A self-represented litigant won their appeal at the Social Security Tribunal because they were not given proper notice about a deadline, leading to a lack of procedural fairness. This case highlights the importance of ensuring all parties receive clear communication and have an opportunity to present evidence.
Social Security Tribunal Rejects Claimant’s CPP Disability Pension Appeal
A person appealed their rejection of a a person disability pension due to mental health conditions but lost because there wasn't enough proof they were severely disabled when they last qualified for benefits. The Social Security Tribunal ruled against them based on the lack of medical evidence from that time period.
Federal Court Upholds Denial of Retroactive Maternity Allowance
The Federal Court upheld the denial of a retroactive maternity and parental allowance request. The court ruled that applications for such allowances must be made before the leave period ends, rejecting the claimant's argument that the allowance could be claimed retroactively.
Social Security Tribunal: Appeal Division Allows Claimant’s Employment Insurance Appeal
In this case, the Appeal Division overturned a decision made by the a person Division regarding Employment Insurance (a person) benefits. The claimant appealed after being denied a person benefits due to immigration status issues. The Appeal Division found that the a person Division incorrectly applied regulations when it had already determined that the Commission acted judicially.
Federal Court Upholds CRA's CRB Eligibility Decision
In this case, a person challenged the Canada Revenue Agency's decision denying their eligibility for the Canada Recovery Benefit (CRB). The Federal Court reviewed the case and upheld the a person's decision, concluding that it was reasonable based on the evidence provided.
CPP Disability Pension Appeal Dismissed Due to Insufficient Medical Evidence
Claimant's CPP Disability Pension Appeal Rejected by SSTC
A person appealing for a a person disability pension must prove they had a severe and prolonged disability by December 31, 2012. In this case, the claimant's appeal was dismissed because there wasn't enough evidence to show she met this requirement before that date.
Federal Court Upholds Res Judicata in Disability Benefits Case
In a recent Federal Court decision, the principle of res judicata was upheld, preventing a reconsideration of a final decision regarding disability benefits eligibility. The court found that the original decision was fair and that the applicant's arguments did not meet the criteria for granting leave to appeal.
Federal Court Sets Aside CRA Decisions on Benefit Eligibility
The Federal Court ruled that a decision by the a person denying a claimant's eligibility for a person was unreasonable because it lacked clear reasoning and justification. This means the case will be reviewed again with a different officer.
Federal Court Rejects Challenge to CRB and CERB Eligibility
The Federal Court dismissed a challenge brought by an individual against decisions made by the Canada Revenue Agency (a person) regarding eligibility for CRB and CERB benefits. The court ruled that the applicant did not provide enough proof of income from dividends, which is necessary to qualify for these benefits.
Federal Court Upholds Res Judicata in Benefits Case
A person applied to the Federal Court to challenge a decision about their eligibility for disability benefits. The court found that the earlier decision was final and could not be revisited unless it would cause an injustice, which in this case did not apply.