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RefusedSocial Security Tribunal of Canada (CPP Disability)·

Claimant Denied Leave to Appeal CPP Retirement Pension Calculation

Case No.

📌 In brief

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.

⚖️ Legal holding

An applicant must provide new evidence or identify an error for the Appeal Division to grant leave to appeal.

Topics

social securitypension calculationappeal process

📖 Technical summary

The Appeal Division denied the claimant's request for leave to appeal due to lack of new evidence or identified errors.

📜 Headnote Official document

The claimant requested leave to appeal the General Division's decision regarding his CPP retirement pension calculation. The Appeal Division denied the request due to lack of new evidence or identified errors.

📚 Full judgment Official document

Citation: [NAME]  v  [NAME] , 2026  [NAME]  315 Social Security Tribunal of Canada Appeal Division Leave to Appeal Decision Applicant: [redacted] Respondent: [redacted] Decision under appeal: General Division decision dated January 25, 2026 (GP-25-1138) Tribunal member: [NAME] Decision date: April 29, 2026 File number: AD-26-338 On this page Decision Overview Issues Analysis Conclusion Decision [ 1 ] I am refusing the Applicant permission to appeal. This appeal will not be going forward. Overview [ 2 ] The Applicant is a retiree who has lived and worked in Canada since the mid-1990s. In January 2025, just as he was turning 70, Service Canada automatically enrolled him for a Canada pension Plan ( CPP ) retirement pension. Footnote 1 The Minister determined that the Applicant was entitled to receive $315.35 a month, effective February 2025. [ 3 ] The Applicant thought that he was entitled to more. He appealed Service Canada’s determination of his monthly pension amount to the Social Security Tribunal. The Tribunal’s General Division held a hearing by videoconference and dismissed the appeal. It saw nothing to indicate that the Minister had calculated the Applicant’s pension incorrectly. [ 4 ] The Applicant is now requesting leave, or permission, to appeal the General Division’s decision. Footnote 2 He alleges that, in coming to its decision, the General Division made the following errors: It failed to consider his “unlawful” removal from his bank job; and It failed to consider his CPP contributions from his part-time job. [ 5 ] However, I can’t allow the Applicant’s appeal to proceed. That’s because he hasn’t met any of the grounds of appeal. Issues [ 6 ] There’s no automatic right to appeal a General Division decision. The Appeal Division must first give permission to appeal. It will only do so if an applicant produces new evidence or presents an arguable case that the General Division proceeded in a way that was unfair; acted beyond its powers or refused to exercise those powers; or made an error of law or fact or some combination of the two. Footnote 3 [ 7 ] At this stage, I have to decide whether the Applicant produced new evidence or presented an arguable case that the General Division made some kind of mistake. Analysis The Applicant didn’t produce any new evidence [ 8 ] The Applicant submitted many documents with his request for permission to appeal. However, none of them were new, and all of them were previously available to the General Division. There’s no arguable case that the General Division made an error [ 9 ] I have reviewed the record, and I’m satisfied that the General Division didn’t misinterpret the applicable law, misconstrue the available evidence, or otherwise act unfairly. Footnote 4 [ 10 ] The General Division found that Service Canada correctly calculated the monthly amount of the Applicant’s retirement pension. It went through Service Canada’s calculation in detail and concluded that Service Canada complied with the law every step of the way. [ 11 ] I don’t see an arguable case that the General Division made an error or otherwise acted unfairly in arriving at this conclusion. [ 12 ] The Applicant argues that the General Division ignored the circumstances of his dismissal and the contributions from his subsequent part-time job. That does not appear to be true. The Applicant raised these points before the General Division, but the presiding member found they had no bearing on how his pension was to be calculated. As trier of fact, that was her prerogative and, again, I don’t see an arguable case that she made a mistake in discounting what appeared to be irrelevant information. [ 13 ] Ultimately, the Applicant’s submissions amount to a complaint that the General Division didn’t give him his desired result. That by itself is not enough to advance his appeal. Conclusion [ 14 ] I am refusing the Applicant leave to appeal because he didn’t produce any relevant new evidence or identify an error that the General Division may have made. [ 15 ] This means the appeal will not proceed. Footnotes Footnote 1 See Service Canada’s approval notice dated January 6, 2025 (GD2-17) and its reconsideration decision letter dated March 19, 2025 (GD2-6). Return to footnote 1 referrer Footnote 2 See the Applicant’s leave to appeal application received April 23, 2026, AD1-1. Return to footnote 2 referrer Footnote 3 See section 58.1(b) of the Department of Employment and Social Development Act . Return to footnote 3 referrer Footnote 4 [NAME]  v  Canada (Attorney General) , 2016  FC  615. Return to footnote 4 referrer

❓ Frequently asked questions

What did this decision decide?

The decision denied the claimant's request for leave to appeal the General Division's decision on his CPP retirement pension calculation.

What was the dispute about?

The dispute was about the claimant's entitlement to a higher CPP retirement pension amount than what was initially determined by Service Canada.

How did the court decide, and why?

The court decided to deny the claimant's request for leave to appeal because the claimant did not provide new evidence or identify any errors in the original decision.

Which laws or rules were applied?

No specific laws or rules were applied in this decision as it was focused on the procedural aspect of granting leave to appeal.

What was the argument that mattered most?

The most important argument was the claimant's failure to provide new evidence or identify any errors in the original decision.

Was the decision for or against the person who brought the case?

The decision was against the claimant who originally brought the case.

What does this mean for someone in a similar situation?

Someone in a similar situation should ensure they have new evidence or can identify errors in the original decision before requesting leave to appeal.

What evidence or documents mattered?

The judgment does not specify any particular evidence or documents that mattered in the decision.

Official source: Social Security Tribunal of Canada (CPP Disability) headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Social Security Tribunal of Canada (CPP Disability). It is a reproduction of an official work published by the Government of Canada, and the reproduction has not been produced in affiliation with, or with the endorsement of, the Government of Canada. It is not an official version.
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