EB v Minister of Employment and Social Development

EB v Minister of Employment and Social Development

The General Division did not breach procedural fairness by deciding the appeal on the record because the claimant had selected that format, was given opportunities to submit evidence and did not do so, and there was an absence of medical evidence from the MQP combined with post-MQP earnings and employer evidence that justified dismissal; no evidence showed an oral hearing would have produced a different result.

Citation
2021 SST 341
Parties
Appellant (claimant): E. B.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
9 July 2021
Procedural Posture
Canada Pension Plan (cpp) Disability Appeal / Appeal Division Decision Following General Division Dismissal (leave Granted; Appeal Heard)
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Hearing Format, Burden of Proof, Minimum Qualifying Period, Substantially Gainful Occupation
Source Language
English
Social Security Law Administrative Law Employment Law Canada Pension Plan Procedural Fairness Hearing Format Burden of Proof Minimum Qualifying Period +1 more

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Parties

E. B.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan (cpp) Disability Appeal / Appeal Division Decision Following General Division Dismissal (leave Granted; Appeal Heard)

Legal Issues

  1. 1 Whether the General Division acted unfairly by deciding the appeal on the record without an oral hearing
  2. 2 Whether the Claimant was denied the opportunity to explain post-MQP earnings and to challenge the employer questionnaire
  3. 3 Whether the Claimant proved a severe and prolonged disability during the minimum qualifying period (MQP)

Ratio Decidendi

The General Division did not breach procedural fairness by deciding the appeal on the record because the claimant had selected that format, was given opportunities to submit evidence and did not do so, and there was an absence of medical evidence from the MQP combined with post-MQP earnings and employer evidence that justified dismissal; no evidence showed an oral hearing would have produced a different result.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed