JL v Minister of Employment and Social Development

JL v Minister of Employment and Social Development

The Appeal Division upheld the General Division's high-threshold test for summary dismissal, found it was plain and obvious the appellant's arguments were bound to fail because the Canada Pension Plan mandates conversion of disability to retirement pension at age 65 and the appellant produced no evidence to rebut the ROE and CRA/Service Canada verification, and concluded the Minister acted in a judicial manner in refusing to revise the ROE; accordingly the appeal was dismissed.

Citation
2021 SST 163
Parties
Appellant (claimant): J. L.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
27 April 2021
Procedural Posture
Social Security Tribunal Appeal Canada Pension Plan (cpp) Disability/retirement Pension / Appeal Division Review (challenge to General Division Summary Dismissal)
Outcome
Appeal dismissed
Legal Topics
Summary Dismissal, Rectification of Record of Earnings, Discrimination/alleged Unequal Treatment, Judicial Manner of Decision Making, Conversion of Disability Pension to Retirement Pension, Standard of Review/threshold for Dismissal
Source Language
English
Canada Pension Plan Administrative Law Social Security Summary Dismissal Rectification of Record of Earnings Discrimination/alleged Unequal Treatment Judicial Manner of Decision Making Conversion of Disability Pension to Retirement Pension +1 more

Case Brief

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Parties

J. L.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Social Security Tribunal Appeal Canada Pension Plan (cpp) Disability/retirement Pension / Appeal Division Review (challenge to General Division Summary Dismissal)

Legal Issues

  1. 1 Whether the General Division applied the correct test for summary dismissal
  2. 2 Whether the Claimant's allegations of discrimination and incorrect ROE have merit
  3. 3 Whether the Minister's refusal to rectify the record of earnings was made in a judicial manner

Ratio Decidendi

The Appeal Division upheld the General Division's high-threshold test for summary dismissal, found it was plain and obvious the appellant's arguments were bound to fail because the Canada Pension Plan mandates conversion of disability to retirement pension at age 65 and the appellant produced no evidence to rebut the ROE and CRA/Service Canada verification, and concluded the Minister acted in a judicial manner in refusing to revise the ROE; accordingly the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.