Canada Case Law

SR v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

On the balance of probabilities Claimant did not have a severe disability by December 31, 2008 because contemporaneous medical evidence showed at most minor left‑ear conductive hearing loss and no other documented functional limitations that would preclude work; Claimant's personal characteristics and earnings history indicated residual capacity for substantially gainful occupations, and retrospective evidence and missing records did not establish the required severe and prolonged disability.

Source excerpt

• Disability pension
• Severe and prolonged disability
• Minimum qualifying period
• Onset date
• Coverage period
• Burden of proof

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Aslam v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a Refugee Appeal Division decision, finding the credibility and evidence assessment unreasonable challenge failed.

• Credibility assessment
• Admission of fresh evidence
• Judicial review standard of review
• Reavailment
• Country condition evidence
• Medical evidence

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Singh v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed an immigration judicial review, finding the RAD’s reasons were adequate and its credibility-based assessment was reasonable despite medical evidence.

• Credibility findings
• Reasonableness review
• Medical evidence
• Torture and detention allegations
• Rad redetermination
• Judicial restraint

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CK v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

Appellant failed to prove on a balance of probabilities that her disability was severe by December 31, 2013 and continuously since because contemporaneous medical records and the Appellant's sustained work (self‑employed administrative duties and full‑time school work from Sept 2021–Mar 2023) demonstrate she retained capacity for substantially gainful employment after the MQP; therefore CPP disability entitlement is not established.

Source excerpt

• Cpp disability
• Minimum qualifying period (mqp)
• Severe and prolonged disability
• Work capacity
• Medical evidence

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DS 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 his impairment was both severe and prolonged: objective medical evidence is limited to a single family physician questionnaire, he has not pursued reasonable treatment options (medication and possible surgery), and when assessed as a whole person in the real-world he retains capacity to pursue substantially gainful employment.

Source excerpt

• Disability pension eligibility
• Severe and prolonged test
• Medical evidence
• Treatment refusal
• Employability (villani)

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BJ v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

On the evidence the Tribunal found the Appellant’s combined psychiatric impairments caused persistent, significant functional limitations that prevented her from performing any substantially gainful occupation as of May 2022, and the disability was of indefinite duration given a guarded prognosis and limited benefit from treatments; therefore the Appellant met the CPP severe and prolonged test and is entitled to benefits starting after the statutory four‑month waiting period (September 2022).

Source excerpt

• Cpp disability
• Severe and prolonged disability
• Functional limitations
• Medical evidence
• Onset and entitlement
• Waiting period

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MK v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

By the end of the MQP (December 31, 2024) the Claimant retained some capacity for part-time, remote, relatively independent work (eg. coding or research) supported by his education, skills and some evidence; treating opinions were focused on his former supervisory role and post-2024 opinions were inconsistent or equivocal; the Claimant made no attempts to obtain employment after August 2020 and thus could not establish on the balance of probabilities that efforts to obtain and maintain employment had failed because of his health as required by Inclima; accordingly he did not meet the CPP seve…

Source excerpt

• Cpp disability
• Severe and prolonged disability
• Residual work capacity
• Medical evidence
• Failure to seek work
• Accommodations and accommodated work

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YP v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Because the Employment Insurance Act caps sickness benefits at 26 weeks per benefit period and the Claimant has already received 26 weeks, he is not entitled to additional weeks despite ongoing incapacity; the Tribunal cannot override the statutory limit.

Source excerpt

• Sickness benefits
• Maximum weeks of benefits
• Medical evidence
• Entitlement to benefits

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KS 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 functional limitations that rendered her incapable regularly of pursuing any substantially gainful occupation by November 30, 2015 because there was no medical evidence demonstrating such limitations by the end of the qualifying period; therefore the disability was not severe and the appeal is dismissed.

Source excerpt

• Cpp disability eligibility
• Severe and prolonged
• Minimum qualifying period
• Medical evidence
• Burden of proof

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Adegoke v. Canada (Attorney General)

Court

Federal Court of Appeal

The application is dismissed because the Appeal Division reasonably concluded that the applicant voluntarily left his employment on May 15, 2023, had at least one reasonable alternative (engage with employer and accept offered accommodation or explain absence), did not establish just cause, presented no evidentiary basis for procedural unfairness or bias, and failed to serve the required notice of constitutional question for Charter claims.

Source excerpt

• Just cause for leaving employment
• Reasonable alternative to quitting
• Procedural fairness
• Apprehension of bias
• Standard of review — reasonableness
• Workplace accommodation

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