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Social security 2026 SST 249

AC v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

On the balance of probabilities the Tribunal found the appellant was not a resident of Canada from March 13, 1997 to May 7, 2017 due to lack of reliable testimonial and documentary ties in that period, but was a resident from May 8, 2017 to January 20, 2026 based on a material increase in RAMQ medical visits and pharmacy activity from May 2017 onward, receipt of last-resort financial assistance, confirmation from a community centre, sworn witness statements, and increased credit activity; accordingly the appeal is allowed in part.

Source excerpt

  • Residence for benefits
  • Eligibility for gis
  • Overpayment
  • Burden of proof
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Social security 2026 SST 183

The Estate of FK v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

Leave to appeal was refused because the Estate failed to raise an arguable case that the General Division made a factual error; the General Division thoroughly and reasonably assessed the evidence, permissibly preferred earlier medical evidence over later conflicting evidence, and its finding that the claimant continued to work (undermining severity) was supported by the record.

Source excerpt

  • Cpp disability
  • Severe and prolonged
  • Leave to appeal
  • Contributory requirement
  • Standard of review
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Family law 2026 MBCA 22

Polowy v Kelly

Court
Manitoba Court of Appeal

The Court of Appeal concluded the motion judge misapprehended the record and erred in law in applying promissory estoppel (failed to require intent to affect legal relations and misapplied facts); set aside the motion judge’s promissory estoppel finding; directed that whether the FPA limitation bars the petitioner’s claim (including related questions of agreement and statutory extension) be determined at trial; held the appeal is not moot because the reference proceeded subject to the outcome of this appeal.

Source excerpt

  • Promissory estoppel
  • Limitation period
  • Summary judgment
  • Equalization of family property
  • Pension division
  • Mootness
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Social security 2026 SST 162

BP v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

The statutory provision authorizing GIS calculation on an estimated current year income applies only where the applicant ceases to carry on a business (or meets the specified pension reduction criteria); a mere reduction in self-employment income without cessation does not meet the statutory requirement, so the Minister correctly refused to use the SEI.

Source excerpt

  • Statement of estimated income (sei)
  • Cessation of business
  • Self-employment income
  • Eligibility for gis
  • Statutory interpretation
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Social security law 2026 SST 120

YL v Minister of Employment and Social Development and Estate of KY

Court
Social Security Tribunal of Canada

Although the leave application was filed 103 days after communication, the Appeal Division waived the 90‑day limit because the applicant presented a reasonable explanation (age, illness, language barriers and isolation); however leave to appeal was refused because the applicant failed to produce new evidence relevant to entitlement to a CPP credit split and failed to demonstrate any arguable legal, factual or procedural error by the General Division which correctly applied the four‑year limitation on credit split applications.

Source excerpt

  • Credit split
  • Limitation period
  • Extension of time
  • Leave to appeal
  • Procedural fairness
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Social security 2026 SST 113

SW v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

Permission to appeal was refused because the Applicant failed to raise any arguable legal, jurisdictional or reviewable factual error by the General Division and did not present new evidence; the General Division adequately reviewed and weighed the evidence and reasonably concluded the Applicant remained able to work up to the hearing date.

Source excerpt

  • Disability pension
  • Post-retirement disability benefit
  • Leave to appeal
  • New evidence
  • Standard of review
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Social security 2026 SST 103

MA v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

The appeal is dismissed because the appellant failed to prove, on a balance of probabilities, that he had functional limitations amounting to a severe disability by December 31, 2017; the post‑MQP medical report dated 2025 was not credible or corroborated by Canadian records, and no contemporaneous medical evidence shows incapacity by the MQP.

Source excerpt

  • Canada pension plan
  • Disability pension
  • Minimum qualifying period
  • Severe and prolonged disability
  • Medical evidence credibility
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Social security 2026 SST 284

RM v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

The appeal is dismissed because the Minister correctly determined the application was received in November 2024 and, under s.67(3.1) CPP, an applicant under 65 is paid starting the month after application (December 2024); the Tribunal lacked jurisdiction to grant earlier payments based on alleged administrative error or erroneous advice which are matters for the Minister and judicial review.

Source excerpt

  • Retirement pension start date
  • Backdating
  • Administrative error
  • Erroneous advice
  • Jurisdiction
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Social security 2026 SST 60

The Estate of FK v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

The appeal fails because the appellant did not have a severe disability by the MQP date of December 31, 2022: contemporaneous medical evidence did not show limitations preventing substantially gainful work by that date and the appellant continued part-time supervisory/business activities indicating residual capacity; additionally the appellant did not meet the PRDB MQP requirement, so PRDB entitlement cannot succeed.

Source excerpt

  • Canada pension plan disability
  • Post-retirement disability benefit
  • Minimum qualifying period
  • Severe and prolonged disability
  • Eligibility
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Social security 2026 SST 143

BW v Minister of Employment and Social Development

Court
Social Security Tribunal of Canada

The appeal is dismissed because the appellant has no record of valid Canadian CPP contributions during his contributory period and the Canada–New Zealand agreement does not permit New Zealand contributions to be treated as Canadian contributions for the purpose of obtaining a CPP retirement pension.

Source excerpt

  • Canada pension plan
  • Eligibility
  • Contributory period
  • International social security agreement
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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.