Minister of Employment and Social Development v. C. B.

Minister of Employment and Social Development v. C. B.

The General Division erred in law and failed to observe natural justice by refusing to summarily dismiss the Claimant's Charter claims which lacked a sufficient factual basis and were bound to fail; accordingly the Appeal Division dismissed the Charter claims and referred the remaining merits back to the General Division.

Citation
2018 SST 1197
Parties
Claimant/appellant: C. B.; Respondent/appellant: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
23 November 2018
Procedural Posture
Social Security Tribunal Appeal Under the Canada Pension Plan / Appeal Division Interlocutory Review of General Division Refusal to Summarily Dismiss Charter Claim; Final Disposition on That Issue With Referral Back to General Division on Merits
Outcome
Appeal allowed in part; Claimant's Charter claims dismissed; remainder of appeal referred to General Division for consideration on the merits
Legal Topics
Charter Challenge (ss.7, 10, 11, 12, 15), Summary Dismissal, Natural Justice, Jurisdictional and Legal Error, CPP Benefit Recalculation
Source Language
English
Administrative Law Constitutional Law Social Security Law Tribunal Procedure Charter Challenge (ss.7,10,11,12,15) Summary Dismissal Natural Justice Jurisdictional and Legal Error +1 more

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Parties

C. B.

Claimant/appellant

Minister of Employment and Social Development

Respondent/appellant

Procedural Posture

Social Security Tribunal Appeal Under the Canada Pension Plan / Appeal Division Interlocutory Review of General Division Refusal to Summarily Dismiss Charter Claim; Final Disposition on That Issue With Referral Back to General Division on Merits

Legal Issues

  1. 1 Whether the General Division erred in law by refusing to summarily dismiss the Claimant's Charter claim as having no reasonable chance of success
  2. 2 Whether the General Division provided sufficient reasons for finding the Claimant's Charter record sufficient
  3. 3 Whether the General Division failed to observe a principle of natural justice by requiring the Minister to file a Charter record in light of an inadequate claimant record

Ratio Decidendi

The General Division erred in law and failed to observe natural justice by refusing to summarily dismiss the Claimant's Charter claims which lacked a sufficient factual basis and were bound to fail; accordingly the Appeal Division dismissed the Charter claims and referred the remaining merits back to the General Division.

Court Disposition

Appeal allowed in part; Claimant's Charter claims dismissed; remainder of appeal referred to General Division for consideration on the merits

Orders

  • The Claimant's claims based on the Canadian Charter of Rights and Freedoms are dismissed
  • The Appeal Division grants the decision the General Division should have given and dismisses the Charter portion of the appeal