VR v Minister of Employment and Social Development

VR v Minister of Employment and Social Development

The appeal is dismissed because the Claimant was not eligible for CPP disability (she was over the age threshold) and cannot pursue a Charter challenge because she failed to file a Charter Argument Notice that identifies the CPP provisions challenged as required by s20(1)(a) of the Tribunal Regulations.

Citation
2021 SST 134
Parties
Appellant (claimant): V. R.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
1 March 2021
Procedural Posture
CPP Disability Appeal to Social Security Tribunal General Division / General Division Decision
Outcome
Appeal dismissed
Legal Topics
CPP Disability Pension Eligibility, Charter Argument Notice Requirements, Summary Dismissal, Procedural Fairness
Source Language
English
Social Security Administrative Law Constitutional Law Pensions CPP Disability Pension Eligibility Charter Argument Notice Requirements Summary Dismissal Procedural Fairness

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Parties

V. R.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

CPP Disability Appeal to Social Security Tribunal General Division / General Division Decision

Legal Issues

  1. 1 Whether the Claimant is eligible for a CPP disability pension given her age at application
  2. 2 Whether the Claimant may advance a Charter challenge given failure to file a compliant Charter Argument Notice under the Tribunal Regulations

Ratio Decidendi

The appeal is dismissed because the Claimant was not eligible for CPP disability (she was over the age threshold) and cannot pursue a Charter challenge because she failed to file a Charter Argument Notice that identifies the CPP provisions challenged as required by s20(1)(a) of the Tribunal Regulations.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant not eligible for CPP disability pension due to age