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Social security 2026 SST 283

RM v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

Leave to appeal refused because the applicant produced no new evidence and failed to present an arguable case that the General Division erred; the General Division correctly applied s.67(3.1) CPP to fix the pension start date as the month after application for applicants under 65, and the Tribunal lacks authority to order the Minister to grant additional retroactive payments absent the Minister's discretionary decision to do so.

Source excerpt

  • Leave to appeal
  • Retroactive pension payments
  • Administrative discretion
  • Jurisdictional limits
  • Procedural fairness
  • Remedies for erroneous advice
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Social security 2026 SST 71

KS v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

Permission to appeal was refused because the applicant failed to raise an arguable case of unfair procedure or any legal, jurisdictional or factual error by the General Division, and the evidence asserted as new (a 2023 doctor’s note) was already before the General Division and, regardless, is irrelevant to whether the disability was severe and prolonged by the MQP of November 30, 2015.

Source excerpt

  • Canada pension plan disability
  • Leave to appeal
  • Procedural fairness
  • New evidence
  • Coverage period (mqp)
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Social security 2026 SST 270

SH v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

On the balance of probabilities the Tribunal found the appellant's disability ceased being severe in January 2021 because she began regular, sustainable work for her business at that time, income thereafter increased, and her testimony was credible; the Minister did not prove cessation as of end of June 2020, and the appellant is not entitled to CPP disability pension from January 2021 onward, permitting recovery of overpayments after that date.

Source excerpt

  • Canada pension plan disability
  • Disability cessation date
  • Overpayment recovery
  • Standard of proof
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Administrative law 2026 SST 276

EM v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

Extension of time was refused because the applicant failed to provide a reasonable explanation for the delay: evidence showed the June 17, 2025 registered mail was addressed to Service Canada (wrong address) not the Social Security Tribunal, the applicant made no follow-up for seven months, and the proposed appeal did not raise new evidence or identifiable legal errors; therefore interests of justice did not require granting an extension.

Source excerpt

  • Extension of time
  • Leave to appeal
  • Canada pension plan
  • Limitation periods
  • Procedural requirements
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Securities law 2026 BCCA 113

Pasquill v. British Columbia Securities Commission

Court
British Columbia Court of Appeal

Payments made from the appellant's LIF accounts are neither "money transferred under Division 7" nor "benefits" as defined in the PBSA; therefore s.70(1) does not exempt those payments from attachment and the chambers judge correctly ordered forfeiture; the chambers judge also correctly declined to appoint a receiver because the forfeiture order was sufficient to secure payments and the receiver powers sought exceeded the authority to attach payments.

Source excerpt

  • Forfeiture
  • Attachment and exemption
  • Receiver appointment
  • Statutory interpretation
  • Life income fund (lif)
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Social security 2026 SST 213

DS v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

Contemporaneous signed documents and consistent medical records indicating separation from 1992, absence of evidence of continuous cohabitation and shared finances in the year immediately before death, and contradictory late testimony led to the finding that the appellant did not prove on the balance of probabilities that he was cohabiting in a conjugal relationship for the required continuous one-year period; therefore he was not the contributor's survivor under the CPP.

Source excerpt

  • Survivor's pension
  • Common-law partner
  • Cohabitation
  • Marital status review
  • Reconsideration
  • Burden of proof
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Administrative law 2026 SST 195

BR v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

The applicant failed to raise an arguable case that the General Division made a factual error: the General Division adequately considered and weighed the evidence, its August 2018 finding concerned the usual job not the CPP disability date, it expressly found the claimant met the severe and prolonged elements as of November 2018, and there is no evidence the General Division ignored or misunderstood relevant evidence supporting its findings; therefore permission to appeal is refused.

Source excerpt

  • Leave to appeal
  • Cpp disability test (severe and prolonged)
  • Coverage period/proration
  • Factual error standard
  • Standard for arguable case
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Social security 2026 SST 180

SS v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

Applicant failed to prove continuous incapacity to form or express an intention to apply; objective evidence of activities (employment seeking and work, managing bank and credit accounts, sole parental responsibility, attending medical appointments and no substitute decision-maker) contradicted incapacity claim, so statutory 11-month backdating limit controls and payments cannot be earlier than May 2023.

Source excerpt

  • Canada pension plan
  • Disabled contributor's child's benefit (dccb)
  • Incapacity rule
  • Retroactive benefits
  • Application requirements
  • Equity limitations
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Social security 2026 SST 161

OK v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

The Tribunal found the incapacity rule did not apply because there was no medical evidence showing the Appellant was incapable of forming or expressing an intention at any time and the Appellants documented activities (work history, education, applications for provincial benefits, obtaining health coverage, and seeking assistance from her psychiatrist) demonstrated capacity; therefore payments cannot be backdated before April 2022 and the appeal is dismissed.

Source excerpt

  • Date of onset
  • Incapacity rule
  • Eligibility
  • Reconsideration
  • Payment commencement
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Administrative law 2026 SST 160

FC v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

The appellant failed to prove on a balance of probabilities that she had a severe disability by December 31, 2017 because medical records before the MQP only established fibromyalgia with limited and intermittent treatment and visits in 2017, the appellant continued to work through and after the MQP (reporting about 230 hours per month in December 2017), had transferable skills and ability to retrain for sedentary work, and did not demonstrate efforts to obtain or retain suitable work; therefore the disability was not severe and it was unnecessary to decide prolongation.

Source excerpt

  • Canada pension plan
  • Cpp disability
  • Minimum qualifying period (mqp)
  • Severe and prolonged disability
  • Work capacity
  • Functional limitations
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.