Minister of Employment and Social Development v. MM

Minister of Employment and Social Development v. MM

Permission to appeal was granted and the appeal allowed on the basis that the General Division misinterpreted section 49(c) of the CPP by removing June 2012 from the claimant's contributory period; the General Division decision is confirmed except for the erroneous removal of June 2012.

Citation
2021 SST 65
Parties
Appellant (minister): Minister of Employment and Social Development; Respondent (claimant): M. M.
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
11 February 2021
Procedural Posture
Canada Pension Plan Appeal / Appeal Division Decision (permission to Appeal Granted; Appeal Allowed)
Outcome
Appeal allowed with amendment to General Division decision
Legal Topics
Retirement Pension Calculation, Contributory Period, Leave to Appeal, Statutory Interpretation
Source Language
English
Social Security Pensions Administrative Law Canada Pension Plan Retirement Pension Calculation Contributory Period Leave to Appeal Statutory Interpretation

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Parties

Minister of Employment and Social Development

Appellant (minister)

M. M.

Respondent (claimant)

Procedural Posture

Canada Pension Plan Appeal / Appeal Division Decision (permission to Appeal Granted; Appeal Allowed)

Legal Issues

  1. 1 Whether the General Division misinterpreted section 49(c) of the Canada Pension Plan by removing June 2012 from the claimant's contributory period
  2. 2 Whether permission to appeal should be granted
  3. 3 Application and interpretation of ss.44(2)(b) and 56(5) of the Canada Pension Plan

Ratio Decidendi

Permission to appeal was granted and the appeal allowed on the basis that the General Division misinterpreted section 49(c) of the CPP by removing June 2012 from the claimant's contributory period; the General Division decision is confirmed except for the erroneous removal of June 2012.

Court Disposition

Appeal allowed with amendment to General Division decision

Orders

  • Permission to appeal granted to the Minister
  • Minister's appeal allowed