LH v Minister of Employment and Social Development and LK

LH v Minister of Employment and Social Development and LK

The appellant failed to prove she was the contributor's survivor: the evidence establishes she was not married to the contributor at his death (contributor remarried in 1988) and she did not prove a contemporaneous common-law relationship given inconsistent statements, failure to specify when cohabitation began, and credible corroboration that the added party lived with the contributor at death; therefore the Minister's denial is upheld.

Citation
2021 SST 58
Parties
Appellant (claimant): L. H.; Minister: Minister of Employment and Social Development; Added Party: L. K.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
26 January 2021
Procedural Posture
CPP Survivor Pension Appeal / Decision (general Division)
Outcome
Appeal dismissed
Legal Topics
CPP Survivor's Pension, Common Law Relationship, Marital Status, Eligibility
Source Language
English
Social Security Pensions Administrative Law CPP Survivor's Pension Common Law Relationship Marital Status Eligibility

Case Brief

Summary, issues, holding and outcome

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Parties

L. H.

Appellant (claimant)

Minister of Employment and Social Development

Minister

L. K.

Added Party

Procedural Posture

CPP Survivor Pension Appeal / Decision (general Division)

Legal Issues

  1. 1 Whether the appellant was legally married to the contributor at the time of his death
  2. 2 Whether the appellant was in a common-law relationship with the contributor at the time of his death
  3. 3 Assessment of credibility and inconsistencies in the appellant's evidence

Ratio Decidendi

The appellant failed to prove she was the contributor's survivor: the evidence establishes she was not married to the contributor at his death (contributor remarried in 1988) and she did not prove a contemporaneous common-law relationship given inconsistent statements, failure to specify when cohabitation began, and credible corroboration that the added party lived with the contributor at death; therefore the Minister's denial is upheld.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the Appellant is not entitled to a Canada Pension Plan survivor's pension.