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 Overturns CRA Decision on CERB and CRCB Eligibility
The Federal Court granted judicial review due to a breach of procedural fairness. The claimant was unaware of the case to meet, leading to an unfair decision-making process involving the Canada Emergency Response Benefit (CERB) and the Canada Recovery Caregiving Benefit (CRCB).
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.
Judicial Review Upholds Employment Insurance Denial for Full-Time Student
CPP Disability Pension Appeal Dismissed for 62-Year-Old Woman in Vancouver
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.
Federal Court dismisses CRB eligibility challenge in Toronto
Federal Court Rejects CRB Eligibility Challenge for Driver in Ottawa
Appeal Allowed: Commission's Decision on Reconsideration Time
CPP Disability Pension Denied Due to Insufficient Medical 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.
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.
CPP Disability Pension Denied Due to Insufficient Proof of Severe Prolonged Condition
Appeal Allowed: Misconduct and Overpayment Reconsidered
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 Denied for Claimant Due to Insufficient Medical Evidence
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 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 Allows Challenge Against CRA's Benefit Denial
Disability Pension Application Denied for Lack of Sufficient Medical Evidence
CPP Disability Pension Denied Due to Insufficient Proof of Severe Disability
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.