LC v Minister of Employment and Social Development

LC v Minister of Employment and Social Development

The General Division relied on the wrong CPP provision but that error did not change the result because Canada Pension Plan s.67(3.1)(c) applies to pensions payable after 2012 and limits retroactive payment to 11 months; therefore the appeal is dismissed and payment is limited to June 2018.

Citation
2021 SST 321
Parties
Appellant / Claimant: L. C.; Respondent / Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
6 July 2021
Procedural Posture
Canada Pension Plan Retirement Pension Appeal / Appeal Division (appeal From General Division)
Outcome
Appeal dismissed; General Division decision amended to rely on Canada Pension Plan s.67(3.1)(c); payment limited to June 2018 (11 months retroactivity)
Legal Topics
Canada Pension Plan, Retirement Pension, Retroactivity, Statutory Interpretation, Section 67(3.1)(c)
Source Language
English
Administrative Law Social Security Pensions Tribunal Procedure Canada Pension Plan Retirement Pension Retroactivity Statutory Interpretation +1 more

Case Brief

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Parties

L. C.

Appellant / Claimant

Minister of Employment and Social Development

Respondent / Minister

Procedural Posture

Canada Pension Plan Retirement Pension Appeal / Appeal Division (appeal From General Division)

Legal Issues

  1. 1 Whether the General Division made a legal error in applying the Canada Pension Plan
  2. 2 Which subsection of s.67 applies to pensions payable after January 1, 2012
  3. 3 Whether the Appeal Division can order retroactive payment beyond 11 months

Ratio Decidendi

The General Division relied on the wrong CPP provision but that error did not change the result because Canada Pension Plan s.67(3.1)(c) applies to pensions payable after 2012 and limits retroactive payment to 11 months; therefore the appeal is dismissed and payment is limited to June 2018.

Court Disposition

Appeal dismissed; General Division decision amended to rely on Canada Pension Plan s.67(3.1)(c); payment limited to June 2018 (11 months retroactivity)

Orders

  • Appeal dismissed.
  • General Division decision amended to cite s.67(3.1)(c) of the Canada Pension Plan; pension payment limited to June 2018 (11 months before application).