Canada Case Law

LR v Minister of Employment and Social Development and CR

Court

Social Security Tribunal of Canada

The Appellant was not entitled to the OAS payments deposited into her account because the 2007 application was not made by the beneficiary or by an authorized representative with evidence of incapacity; OAS pensions are not assignable; consequently the payments are overpayments that must be repaid and the Tribunal has no jurisdiction to reduce or cancel the debt for departmental error or hardship.

Source excerpt

• Entitlement to oas
• Repayment/overpayment
• Assignment of benefits
• Departmental error
• Jurisdictional limits

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CL v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Because the CRA ruled the post-employment payments were insurable earnings and the interruption of earnings occurred on March 30, 2021, and the claim was made March 4, 2021, the benefit period starts on the later of the relevant Sundays: Sunday March 28, 2021. The Tribunal accepts the CRA ruling, allocates $769.81 to the week of March 28, 2021, entitling the claimant to $210 in EI for that week, reducing the assessed overpayment to $3,955.

Source excerpt

• Benefit period
• Interruption of earnings
• Insurability ruling
• Repayment/overpayment
• Record of employment
• Waiting period waiver

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R. G. v. Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal was refused because the applicant failed to identify any arguable error of law or perverse factual finding by the General Division, and the issues raised are governed by settled law and precedent (CPP treated as earnings and mandatory repayment), so the appeal had no reasonable chance of success.

Source excerpt

• Leave to appeal
• Extension of time
• Repayment/overpayment
• Cpp allocation
• Error of law
• Natural justice

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Bebb v. Bebb

Court

Supreme Court of British Columbia

In a family-law variation application, the court terminated spousal support prospectively, adjusted child support upward, and eliminated section 7 expenses.

• Variation of prior court orders
• Income imputation and determination
• Shared/joint custody adjustments
• Section 7 (extraordinary) expenses
• Retroactive variation
• Repayment/overpayment

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