B. S. v. Minister of Employment and Social Development
Leave to appeal is granted in accordance with the Federal Court order remitting the matter; pursuant to s.58(5) the granted application for leave becomes the notice of appeal and the parties are given 45 days to file submissions with the Appeal Division regarding the merits and form of hearing, including whether to...
Source-derived case information.
- Citation
- 2017 SSTADIS 728
- Parties
- Applicant: B. S.; Respondent: Minister of Employment and Social Development
- Court
- Social Security Tribunal of Canada
- Jurisdiction
- Canada
- Judgment Date
- 12 December 2017
- Procedural Posture
- Canada Pension Plan Disability Appeal / Leave to Appeal Granted Following Federal Court Remittal; Submissions Period Open
- Outcome
- Application for leave to appeal granted; matter remitted to Appeal Division; parties ordered to file submissions within 45 days
- Legal Topics
- Disability Pension, Leave to Appeal, Judicial Review, Reconsideration, Tribunal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B. S.
Applicant
Minister of Employment and Social Development
Respondent
Procedural Posture
Canada Pension Plan Disability Appeal / Leave to Appeal Granted Following Federal Court Remittal; Submissions Period Open
Legal Issues
- 1 Whether leave to appeal the General Division decision should be granted
- 2 Effect of Federal Court remittal order directing grant of leave
- 3 Whether the late report of Dr. R. Tudhope may be considered on appeal
Ratio Decidendi
Leave to appeal is granted in accordance with the Federal Court order remitting the matter; pursuant to s.58(5) the granted application for leave becomes the notice of appeal and the parties are given 45 days to file submissions with the Appeal Division regarding the merits and form of hearing, including whether to consider Dr. R. Tudhope's report.
Court Disposition
Application for leave to appeal granted; matter remitted to Appeal Division; parties ordered to file submissions within 45 days
Orders
- Application for leave to appeal is granted.
- Pursuant to s.58(5) of the Department of Employment and Social Development Act the application for leave shall constitute the notice of appeal.
Full Case Text
Judgment text and source record
1 paragraphs
B. S. v. Minister of Employment and Social Development Collection Canada Pension Plan (CPP) disability Decision date 2017-12-12 Neutral citation 2017 SSTADIS 728 Reference number AD-17-590 Member Nancy Brooks Division Appeal Division Decision Appeal dismissed Related decisions SST - B. S. v. Minister of Employment and Social Development - 2018 SST 194 - 2018-02-28 - Appeal Division Decision Content Reasons and decision [1] The Applicant made an application for a Canada Pension Plan (CPP) disability pension that was date-stamped by the Respondent on January 22, 2014. The Respondent denied the application initially and upon reconsideration. [2] The Applicant appealed the reconsideration decision to the General Division of the Social Security Tribunal of Canada (Tribunal). In a decision dated May 3, 2016, the General Division dismissed the appeal. [3] The Applicant filed an application for leave to appeal with the Tribunal’s Appeal Division on June 16, 2016. On February 23, 2017, a fellow member of the Appeal Division refused the application for leave to appeal. [4] The Applicant filed an application for judicial review of the Appeal Division’s decision with the Federal Court. On August 15, 2017, the Federal Court issued an order, on consent of both parties, allowing the application for judicial review and directing that the matter be remitted to the Appeal Division with directions that leave to appeal the General Division decision be granted. [5] In accordance with the Federal Court order, I hereby grant the application for leave to appeal. [6] Pursuant to s. 58(5) of the Department of Employment and Social Development Act, the application for leave to appeal hereby becomes the notice of appeal. Within 45 days after the date of this decision, the parties may (a) file submissions with the Appeal Division; or (b) file a notice with the Appeal Division stating that they have no submissions to file: Social Security Tribunal Regulations, s. 42. The Respondent may wish to make submissions regarding Dr. R. Tudhope’s report dated April 28, 2016, which was filed after the Respondent’s Addendum Submissions were received by the Tribunal on March 22, 2016. [7] The parties may make submissions regarding the form the hearing of the appeal should take (e.g. teleconference, videoconference, in writing or in person) together with their submissions on the merits of the appeal.