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The Court of Appeal allowed the Province’s appeal, holding universal CLBC benefits must be deducted from future care damages, and dismissed the cross appeal on nighttime care.
Leave to appeal was refused because the applicant did not raise an arguable case that the General Division erred regarding the existence of medical evidence showing disability on or before December 31, 2018, and the new documents submitted relate only to medical conditions after the coverage period and are therefore irrelevant to the determinative issue of eligibility.
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The Tribunal held that under the Old Age Security Act and Regulations the Minister correctly included the appellant's 2022 RRSP withdrawals (non-pension base-year income) when calculating the appellant's estimated income for 2023 because RRSP income is not pension income, and therefore the Minister's calculation complied with the statutory formula; appeal dismissed.
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The Tribunal found that by applying COVID-19 temporary measures and making payments without requiring a new application, and by failing to give the mandatory 15 days' notice before requiring an application for later months, the Minister effectively waived the application requirement for the entire July 2020–June 2021 payment period; therefore M.D. was entitled to GIS for July 2020–June 2021. No waiver applied for July 2021, the estate's application was untimely for that month, and incapacity provisions cannot be used to create post‑death entitlement.
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The Commission permissibly extended review to 72 months because evidence established, on a balance of probabilities, that the appellant made false or misleading representations by applying while knowing she lacked required earnings/hours and by repeatedly confirming eligibility on ten online reports; the Commission applied its policy and exercised discretion judicially; accordingly the appellant was not eligible for EI ERB, the $14,000 payment constitutes an overpayment she must repay, and the Tribunal lacks jurisdiction to forgive or reduce that overpayment.
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On the balance of probabilities the appellant left Canada in June 1994 and therefore does not have the required 20 years of residence after age 18; documentary evidence was insufficient to establish a longer period of residence, so she is not eligible for OAS and the appeal is dismissed.
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On the balance of probabilities, after cross-referencing CBSA traveller history, passport stamps, OHIP billing and other records and applying Ding factors, the Tribunal found the appellant resided in Canada during December 3, 2006–September 6, 2010; April 1, 2013–December 30, 2013; and May 26, 2015–March 5, 2024, totaling 13 years and 125 days, which meant she attained 10 years of Canadian residence on or around November 20, 2020 and is therefore entitled to a partial OAS pension equal to 10/40ths effective December 2020; appeal allowed in part.
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Leave to appeal refused because the Claimant failed to raise an arguable case that the General Division erred in law or fact and failed to produce evidence not before the General Division; the General Division correctly applied CPP s.46 to calculate the pension.
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Federal Court dismissed judicial review applications challenging CRA decisions finding Mr. Maltais ineligible for CERB and CRB and requiring repayment.
The Minister had the statutory authority to reassess the Claimant's GIS entitlement; the Claimant's entitlement to GIS ended after January 2012 making payments from February 2012 to August 2013 overpayments, while the Claimant met the residency requirement for a partial OAS pension payable from September 2013 onward.
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