Canada Case Law

PL v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The appeal is dismissed because the appellant failed to prove on the balance of probabilities that she had a severe disability by the MQP of May 31, 2022: medical evidence showed some limitations but not an extinguished capacity to work before the MQP, she maintained predictable attendance and earnings at substantially gainful levels through 2022, she did not make meaningful efforts to obtain alternative employment despite residual capacity, and employer accommodations were minimal such that continued work reflected real work capacity rather than a benevolent accommodation.

Source excerpt

• Cpp disability pension
• Minimum qualifying period (mqp)
• Severity and prolongation of disability
• Work capacity and substantially gainful occupation
• Burden of proof
• Accommodation and benevolent employer

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RM v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

On the balance of probabilities the Tribunal found the medical evidence and functional reports established that the appellant's severe visual impairment and related limitations rendered him incapable regularly of pursuing any substantially gainful occupation from December 2021 onward; earnings showed capacity through 2021 but not after, treatments were exhausted and medical opinions supported indefinite disability, therefore the appellant met the CPP severe and prolonged test and is entitled to benefits effective April 2022.

Source excerpt

• Canada pension plan disability pension
• Severe and prolonged disability
• Eligibility
• Waiting period
• Reconsideration decision

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Lee v. Ocean Pacific Hotels Ltd.

Court

Supreme Court of British Columbia

The court certified a class action over terminated hotel benefits, allowing claims based on an implied contractual term, honest performance, and punitive damages.

• Breach of contract
• Implied contractual terms
• Duty of honest performance
• Good faith contractual performance
• Fraudulent misrepresentation
• Punitive damages

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Logan v. Canada

Court

Federal Court

Federal Court approved a class action settlement about SISIP disability benefits, amended the class definition, and approved the representative plaintiff honorarium, fees, and disbursements.

• Settlement approval
• Class certification and definition
• Policy interpretation
• Contingency fees and fee approval
• Representative plaintiff honorarium
• Vac offset/irb implications

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The Nova Scotia Association of Health Organizations Long Term Disability Plan Trust Fund v. Hollis

Court

Supreme Court of Nova Scotia

The Court held that the Plan (article 8.09) governs the characterization of settlement proceeds and that the unilateral allocations in the Minutes of Settlement were a nullity because the trustees were not consulted and the allocations were not a bona fide apportionment. The Court calculated "Compensation" by (a) removing disbursements from the $1,250,000 settlement, (b) attributing 80.92% (the proportion of the initial demand that was income‑related) to the net settlement, and (c) applying a 50% adjustment for over‑statement/contingencies (puffery), yielding Compensation $499,387.75. The res…

Source excerpt

• Subrogation and reimbursement
• Allocation of settlement proceeds
• Interpretation of benefit plan provisions
• Set-off/offset of ltd benefits
• Onus of proof for settlement allocation

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Nova Scotia Public Service Long Term Disability Trust Fund v. Baxendale

Court

Nova Scotia Court of Appeal

The trial judge erred in law by failing to interpret and apply the Offset Agreement; read with its surrounding circumstances and the actuarial calculation of the bi-weekly set-off, the Agreement provided for deduction of part-time income against LTD benefits, and the appeal is allowed.

Source excerpt

• Contract interpretation
• Surrounding circumstances
• Mutual mistake
• Set-off
• Subrogation
• Long-term disability benefits

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G. F. v. Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The 2012 Review Tribunal decision is final and the preconditions for res judicata are met; application of res judicata does not produce injustice here; in any event the claimant failed the duty to mitigate by unreasonably refusing recommended CTS surgery and the combined medical evidence does not establish a severe disability after June 20, 2012, so CPP disability benefits are not payable.

Source excerpt

• Res judicata
• Severity and prolongation of disability
• Duty to mitigate
• Evidentiary credibility
• Cpp contributory requirements

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Bailey v. Service Corporation International (Canada) ULC

Court

Supreme Court of British Columbia

The court found wrongful dismissal without cause, upheld an eight-week contractual notice limit, and awarded damages for lost earnings, aggravated damages, punitive damages, and medical-expense losses.

• Wrongful dismissal
• Notice and severance
• Contractual limitation of damages
• Abandonment/resignation
• Short-term disability claims
• Aggravated damages

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E. R. v. Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

Leave to appeal was refused because the Applicant failed to demonstrate a reasonable chance of success on any s.58(1) ground: the videoconference hearing complied with SST Regulations and afforded a fair opportunity (no breach of natural justice); no particularized legal error was identified in the General Division's application of the "severe and prolonged" test; and the General Division's factual finding of residual work capacity was supported by the record (including evasive testimony and medical evidence) and was not perverse or capricious; new documents submitted at leave stage were inad…

Source excerpt

• Cpp disability
• Leave to appeal under s.58(1) desda
• Natural justice and procedural fairness
• Severe and prolonged criterion
• Minimum qualifying period (mqp)
• Admissibility of new evidence

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Burgess v. Yellow Pages Group Co.

Court

Supreme Court of Nova Scotia

Court granted consolidation, refused to strike paragraph 4 because it pleads facts relevant to employer motivation and damages rather than asserting a standalone Human Rights Act cause of action, and dismissed the defendant's CPR 12 request to decide deductibility of disability benefits because necessary terms of the employment contract and factual scaffolding were not before the court so the pure legal question could not be decided pre-trial; the deductibility issue remains for later determination with full factual record and in light of Sylvester principles.

Source excerpt

• Wrongful dismissal
• Double recovery
• Consolidation of actions
• Striking pleadings
• Limitation period under human rights act
• Deduction of disability benefits from severance

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