DJ v Minister of Employment and Social Development

DJ v Minister of Employment and Social Development

The Appeal Division dismissed the appeal because the claimant failed to show the General Division committed a permitted error; the General Division reasonably preferred contemporaneous, disinterested medical evidence over late witness statements, properly considered and relied on 2017 earnings exceeding the substantially gainful threshold, and did not ignore post-coverage evidence.

Citation
2021 SST 369
Parties
Appellant/claimant: D. J.; Respondent/minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 August 2021
Procedural Posture
CPP Disability Appeal / Appeal Division Decision on Leave and Merits Review
Outcome
Appeal dismissed
Legal Topics
CPP Disability, Severe and Prolonged Impairment, Evidence Weighting, Hearsay and Business Records Exception, Grounds of Appeal
Source Language
English
Administrative Law Social Security Law Employment Law Canada Pension Plan CPP Disability Severe and Prolonged Impairment Evidence Weighting Hearsay and Business Records Exception +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

D. J.

Appellant/claimant

Minister of Employment and Social Development

Respondent/minister

Procedural Posture

CPP Disability Appeal / Appeal Division Decision on Leave and Merits Review

Legal Issues

  1. 1 Whether the General Division erred by favoring medical evidence over witness statements
  2. 2 Whether the General Division placed undue weight on the claimant's 2017 earnings
  3. 3 Whether the General Division failed to consider the claimant's post-coverage period disability continuously

Ratio Decidendi

The Appeal Division dismissed the appeal because the claimant failed to show the General Division committed a permitted error; the General Division reasonably preferred contemporaneous, disinterested medical evidence over late witness statements, properly considered and relied on 2017 earnings exceeding the substantially gainful threshold, and did not ignore post-coverage evidence.

Court Disposition

Appeal dismissed