Canada Case Law

BM v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The appellant has only 7 years and 202 days of Canadian residence; the Canada-Italy Agreement permits combining creditable periods only if they are recognised as creditable under Italian legislation, the Italian authority determined the appellant has no creditable periods, and the Tribunal must accept that determination; therefore the appellant does not meet the 10-year residence requirement and the appeal is dismissed.

Source excerpt

• Old age security pension
• Residency requirement
• International social security agreements
• Canada-italy social security agreement
• Creditable periods

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Cunningham v. Sucker Creek First Nation 150A

Court

Federal Court

The Federal Court held that s. 25 of the Charter shields SCFN’s six-month on-reserve residency requirement for nomination from the Applicant’s s. 15 challenge.

• Section 25 charter
• Section 15 charter
• Custom election regulations
• Residency requirement
• Band custom and consensus
• Self-government

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Sandhu v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court dismissed judicial review of an IAD PRTD refusal, holding the constitutional issue was not properly raised and the H&C assessment was reasonable.

• Residency requirement
• Permanent resident travel document (prtd)
• Humanitarian and compassionate grounds
• Standard of review - reasonableness
• Notice of constitutional question
• Section 7 charter challenge

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QS v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The appeal was filed more than 90 days after the Minister's March 1, 2024 decision and the Appellant failed to provide a reasonable explanation for the delay despite being asked and given a deadline; under s.52(2) DESD Act and s.27 of the Tribunal Rules the Tribunal refused to extend time and dismissed the appeal.

Source excerpt

• Extension of time
• Appeal deadline
• Overpayment
• Reconsideration decision
• Residency requirement

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MA v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The Tribunal found that on the balance of probabilities the appellant retained Canadian residence from November 2014 until May 2, 2016 based on maintained domestic ties and absences under six consecutive months, so GIS entitlement for that period stands; from May 3, 2016 until November 2021 the appellant lost residence because he was absent for more than six consecutive months and spent a highly disproportionate amount of time in Somalia, so GIS entitlement ceased effective December 2016 until November 2021; the Tribunal lacks authority to remit overpayments, which is reserved to the Minister…

Source excerpt

• Residency requirement
• Guaranteed income supplement eligibility
• Absence from canada
• Overpayment recovery

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Rojas Anez v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review, holding there was no procedural unfairness because the officer had no duty to request missing medical evidence and considered the material filed.

• Temporary public policy
• Humanitarian and compassionate consideration
• Residency requirement
• Judicial review
• Judicial-review
• Procedural-fairness

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Canada (Citizenship and Immigration) v. Hosseini

Court

Federal Court

The Federal Court granted judicial review, finding the IAD’s residency analysis under IRPR ss. 130 and 133 was unreasonable and remitted the matter.

• Residency requirement
• Sponsorship
• Reasonableness review
• Application of iao factors
• Irpr ss.130 and 133
• Judicial-review

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Khan v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a refused H&C permanent residence application, finding the officer’s assessment of family ties, grandchildren’s interests, and establishment was reasonable.

• Humanitarian and compassionate grounds
• Reasonableness review (vavilov)
• Best interests of the child
• Assessment of establishment
• Residency requirement
• Judicial-review

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CM v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The appellant's total credited period of Canadian residence after age 18 is 9 years and 197 days (7 years and 197 days actual Canadian residence plus 2 years credited from US Social Security coverage), which is below the statutory 20-year threshold in s.3(2) of the Old Age Security Act; accordingly the appellant is not entitled to a partial OAS pension and the appeal is dismissed.

Source excerpt

• Old age security
• Residency requirement
• Partial pension eligibility
• Canada-united states social security agreement

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MF v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

Permission to appeal refused because the application did not raise any arguable case of unfair process, legal or factual error, nor did it present new evidence; General Division correctly applied the relevant treaty and regulations and reasonably concluded claimant lacked the minimum weeks of Canadian residence (maximum 44) for OAS eligibility.

Source excerpt

• Old age security (oas)
• Residency requirement
• Leave to appeal
• Procedural fairness
• Error of law
• New evidence

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