IG v Minister of Employment and Social Development

IG v Minister of Employment and Social Development

Applying the Ding factors to the evidence, the Tribunal found the Claimant was resident in Canada only from March 10, 2007 to October 13, 2010 (1,314 days). The Claimant's continuing and significant ties to Pakistan, particularly his unpaid leadership role in establishing and running a charity school, outweighed contacts with Canada. Because he had only 3 years and 218 days of Canadian residence by May 28, 2019, he did not meet the statutory minimum residence requirement for an OAS pension and the appeal was dismissed.

Citation
2021 SST 122
Parties
Appellant (claimant): I. G.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
10 February 2021
Procedural Posture
Old Age Security Pension Application Appeal / Social Security Tribunal General Division Decision (hearing and Decision)
Outcome
Appeal dismissed
Legal Topics
Old Age Security Residency Requirement, Eligibility for OAS Pension, Application of Ding Factors
Source Language
English
Social Security Administrative Law Old Age Security Residency Requirement Eligibility for OAS Pension Application of Ding Factors

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Parties

I. G.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Old Age Security Pension Application Appeal / Social Security Tribunal General Division Decision (hearing and Decision)

Legal Issues

  1. 1 During which periods was the Claimant resident in Canada?
  2. 2 Is the Claimant entitled to an OAS pension as of May 28, 2019?

Ratio Decidendi

Applying the Ding factors to the evidence, the Tribunal found the Claimant was resident in Canada only from March 10, 2007 to October 13, 2010 (1,314 days). The Claimant's continuing and significant ties to Pakistan, particularly his unpaid leadership role in establishing and running a charity school, outweighed contacts with Canada. Because he had only 3 years and 218 days of Canadian residence by May 28, 2019, he did not meet the statutory minimum residence requirement for an OAS pension and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Claimant is not entitled to an Old Age Security pension as of May 28, 2019 due to only 3 years and 218 days (1,314 days) of Canadian residence.