DL v Minister of Employment and Social Development and MF

DL v Minister of Employment and Social Development and MF

The added party met the statutory definition of common-law partner because the preponderance of evidence (joint bank account cheque, address records, beneficiary designations in will and death benefits, CPP pension sharing request, witness affidavit, public presentation as spouses, funeral arrangements and...

Source-derived case information.

Citation
2021 SST 909
Parties
Claimant: D. L.; Minister: Minister of Employment and Social Development; Added Party: M. F.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
28 April 2021
Procedural Posture
Canada Pension Plan Survivor's Pension Appeal / General Division Income Security Section Decision
Outcome
Appeal dismissed
Legal Topics
Survivor's Pension, Common Law Relationship, Cohabitation, Beneficiary Designation
Source Language
english
Canada Pension Plan Social Security Family Law Survivor's Pension Common Law Relationship Cohabitation Beneficiary Designation

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Summary, issues, holding and outcome

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Parties

D. L.

Claimant

Minister of Employment and Social Development

Minister

M. F.

Added Party

Procedural Posture

Canada Pension Plan Survivor's Pension Appeal / General Division Income Security Section Decision

Legal Issues

  1. 1 Whether the claimant or the added party was the 'survivor' under the Canada Pension Plan at the time of the contributor's death
  2. 2 Whether the contributor and the added party cohabited in a conjugal relationship for at least one continuous year prior to the contributor's death
  3. 3 Whether the claimant maintained a spousal relationship or cohabitation with the contributor at the relevant time

Ratio Decidendi

The added party met the statutory definition of common-law partner because the preponderance of evidence (joint bank account cheque, address records, beneficiary designations in will and death benefits, CPP pension sharing request, witness affidavit, public presentation as spouses, funeral arrangements and executrix/sole beneficiary status) established cohabitation in a conjugal relationship for at least one continuous year prior to the contributor's death; therefore the claimant was not the survivor entitled to the CPP survivor's pension.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant is not eligible for a CPP survivor's pension