MB v Minister of Employment and Social Development

MB v Minister of Employment and Social Development

The appeal is dismissed on res judicata grounds because the severe and prolonged issue was the same as in the prior final General Division decision involving the same parties; the claimant had the opportunity to present relevant evidence at the earlier hearing, the new materials are duplicative or post‑MQP and therefore irrelevant, and after applying the Danyluk discretionary factors the member declined to make an exception to res judicata.

Citation
2021 SST 580
Parties
Appellant (claimant): M. B.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
4 June 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division Hearing and Decision (videoconference Hearing April 12, 2021; Decision June 4, 2021)
Outcome
Appeal dismissed
Legal Topics
Res Judicata, Canada Pension Plan Disability, Severe and Prolonged Test, Minimum Qualifying Period (mqp)
Source Language
English
Social Security Administrative Law Tribunal Procedure Res Judicata Canada Pension Plan Disability Severe and Prolonged Test Minimum Qualifying Period (mqp)

Case Brief

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Parties

M. B.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

Canada Pension Plan Disability Appeal / General Division Hearing and Decision (videoconference Hearing April 12, 2021; Decision June 4, 2021)

Legal Issues

  1. 1 Is the matter res judicata?
  2. 2 If res judicata, should discretion be exercised to consider the second application?
  3. 3 Was the claimant incapable regularly of pursuing any substantially gainful occupation by the MQP (December 31, 2015)?

Ratio Decidendi

The appeal is dismissed on res judicata grounds because the severe and prolonged issue was the same as in the prior final General Division decision involving the same parties; the claimant had the opportunity to present relevant evidence at the earlier hearing, the new materials are duplicative or post‑MQP and therefore irrelevant, and after applying the Danyluk discretionary factors the member declined to make an exception to res judicata.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant not entitled to a Canada Pension Plan disability pension as of the MQP