Canada Case Law

GF v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

Permission to appeal refused because the Applicant failed to raise any arguable case of error and provided no new evidence; the General Division correctly applied the OAS Act and Regulations in finding that an OAS pension application checkbox does not constitute a prescribed GIS application, that applicants must submit the prescribed form which must be received by the Minister, and that the Minister is not legally required to follow up, with administrative errors falling under ministerial jurisdiction.

Source excerpt

• Old age security
• Guaranteed income supplement
• Retroactivity
• Jurisdiction
• Procedural fairness
• Evidence

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Community Trust Company v. Canada (Attorney General)

Court

Federal Court

The Federal Court allowed CTC’s appeal, set aside the FCAC Commissioner’s decision, and remitted the matter for redetermination on the AMP and Violation 2.

• Administrative monetary penalties
• Financial consumer protection
• Retroactivity and continuing breach
• Procedural fairness
• Remittal
• Administrative-monetary-penalties

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GS v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The appeal is dismissed because the OAS Act mandates that suspended OAS payments resume no earlier than the month after the Minister receives a written reinstatement request (the request was received December 9, 2024, hence resumption no earlier than January 2025) and because the Tribunal lacks jurisdiction to grant remedies under s.32 for alleged erroneous advice; relief must be sought by judicial review in Federal Court.

Source excerpt

• Reinstatement of benefits
• Retroactivity
• Erroneous advice
• Jurisdictional limits of tribunal

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McConnell v. McConnell

Court

Supreme Court of British Columbia

The court set aside support waivers in a separation agreement after finding the claimant misled and pressured the respondent, then ordered spousal and child support.

• Separation agreement
• Setting aside agreement
• Spousal support
• Child support
• Retroactivity
• Independent legal advice

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PL v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The Tribunal dismissed the appeal because the Minister paid the earliest retroactive date permitted by the CPP (application March 2024 → earliest disability date December 2022 → payments from April 2023) and the appellant failed to prove on a balance of probabilities that he was continuously incapable of forming or expressing the intention to apply for CPP disability before March 2024; additionally, the Tribunal lacks jurisdiction to reconsider the 2011 application that was never subject to Ministerial reconsideration and cannot correct alleged Ministerial administrative errors under s.66(4)…

Source excerpt

• Incapacity
• Retroactivity
• Jurisdiction
• Procedural fairness
• Reconsideration
• Administrative error

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Langlois v. Canada

Court

Federal Court

The Federal Court held the refusal of an Education and Training Benefit was reasonable because the veteran applied after completing training, and dismissed judicial review.

• Education and training benefit
• Veterans well-being act
• Waiver of application requirement
• Reasonableness review
• Retroactivity
• Judicial-review

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LM v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

On the balance of probabilities the Appellant was the deceased's common-law partner for more than one year before his death: credibility of the Appellant, regular shared residence use (three homes including a summer trailer), inclusion on the deceased's extended health care from November 2004, beneficiary designation and post‑death transfers, sustained caring and household interaction in the last year, and the parties' conduct toward the children collectively satisfied McLaughlin factors despite separate primary addresses; therefore the Minister's cancellation was incorrect and the Appellant…

Source excerpt

• Survivor's pension
• Common-law relationship
• Entitlement
• Retroactivity
• Overpayment

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AD v Minister of Employment and Social Development and AH

Court

Social Security Tribunal of Canada

The CPP legislation limits credit splitting to years of cohabitation and prescribes that a division takes effect the month after the Minister receives the application; therefore years after the date of separation cannot be included and benefit adjustments cannot be made retroactive before the division became effective.

Source excerpt

• Division of pension credits
• Credit split eligibility
• Effective date of benefits
• Reconsideration
• Retroactivity
• Jurisdictional limits (spousal support)

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IS v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal was refused because the Claimant did not establish an arguable case on any permissible ground: the General Division correctly applied undisputed facts to Schedule I to determine a 15‑week entitlement; the March 2025 temporary measures were not shown to be applicable or retroactive to the Claimant’s claim; and no binding precedent or statutory provision authorized increasing weeks beyond the legislated maximum.

Source excerpt

• Leave to appeal
• Jurisdiction
• Error of law
• Error of fact
• Statutory interpretation
• Retroactivity

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CTP v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The court dismissed a Charter petition for a free-standing s. 24(1) SOIRA remedy, holding Bill S-12 now supplies the applicable statutory process.

• Section 24(1) charter remedy
• Sex offender information registration act (soira)
• Sex offender registration
• Retroactivity of legislation
• Bill s-12
• Ndhlovu decision

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