WJ v Minister of Employment and Social Development and AA

WJ v Minister of Employment and Social Development and AA

Added Party is entitled to a CPP credit split based on cohabitation from September 1976 to November 1986, but because splits apply only to full calendar years the split must be calculated for January 1976 to December 1985; neither the 1977 marriage contract nor the November 1986 court order prevents the split because the order does not specifically reference the Canada Pension Plan and Ontario law does not permit pre‑emption in these circumstances, and limitation statutes do not bar the application because the divorce occurred after January 1, 1987.

Citation
2021 SST 235
Parties
Appellant (claimant): W. J.; Minister: Minister of Employment and Social Development; Added Party: A. A.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
29 April 2021
Procedural Posture
Canada Pension Plan Credit Split / Decision on Appeal (general Division)
Outcome
Appeal allowed in part
Legal Topics
CPP Credit Split, Spousal Agreement Exception, Ministerial Discretion, Limitation Periods, Marriage Contract
Source Language
English
Canada Pension Plan Family Law Administrative Law Pensions Law CPP Credit Split Spousal Agreement Exception Ministerial Discretion Limitation Periods +1 more

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Parties

W. J.

Appellant (claimant)

Minister of Employment and Social Development

Minister

A. A.

Added Party

Procedural Posture

Canada Pension Plan Credit Split / Decision on Appeal (general Division)

Legal Issues

  1. 1 Whether the Minister correctly allowed the Added Party's application for a CPP credit split
  2. 2 Whether any grounds raised by the Claimant prevent the credit split
  3. 3 Whether the correct calendar years were used in the split calculation

Ratio Decidendi

Added Party is entitled to a CPP credit split based on cohabitation from September 1976 to November 1986, but because splits apply only to full calendar years the split must be calculated for January 1976 to December 1985; neither the 1977 marriage contract nor the November 1986 court order prevents the split because the order does not specifically reference the Canada Pension Plan and Ontario law does not permit pre‑emption in these circumstances, and limitation statutes do not bar the application because the divorce occurred after January 1, 1987.

Court Disposition

Appeal allowed in part

Orders

  • Minister must ensure the Canada Pension Plan credit split is applied only for the period from January 1976 to December 1985