AH v Minister of Employment and Social Development

AH v Minister of Employment and Social Development

Leave to appeal refused because the claimant failed to identify any arguable ground: the General Division reasonably considered the evidence and made defensible factual findings that the medical evidence was weak, the claimant had recent full-time work, there was no demonstrated deterioration, and the Minister had no obligation to present evidence or attend; therefore the appeal lacks a reasonable chance of success.

Citation
2021 SST 305
Parties
Applicant (claimant): A. H.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
28 June 2021
Procedural Posture
Canada Pension Plan Disability Appeal / Appeal Division Application for Leave to Appeal Refused
Outcome
Application for leave to appeal refused
Legal Topics
CPP Disability Pension, Leave to Appeal, Burden of Proof, Evidence Assessment, Procedural Fairness
Source Language
English
Administrative Law Social Security Law Tribunal Procedure CPP Disability Pension Leave to Appeal Burden of Proof Evidence Assessment Procedural Fairness

Case Brief

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Parties

A. H.

Applicant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / Appeal Division Application for Leave to Appeal Refused

Legal Issues

  1. 1 Whether the General Division proceeded unfairly
  2. 2 Whether the General Division erred in law
  3. 3 Whether the General Division based its decision on an important factual error

Ratio Decidendi

Leave to appeal refused because the claimant failed to identify any arguable ground: the General Division reasonably considered the evidence and made defensible factual findings that the medical evidence was weak, the claimant had recent full-time work, there was no demonstrated deterioration, and the Minister had no obligation to present evidence or attend; therefore the appeal lacks a reasonable chance of success.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused