Applicant
Respondent
- Parties: The applicant was Arnold Abramowitz. The respondent was the Attorney General of Canada.
- Subject Matter: This matter arose from the applicant’s automatic enrolment for an Old Age Security (OAS) pension. In May 2020, the Minister of Employment and Social Development Canada decided to begin paying the pension effective June 2020. In June 2022, the applicant sought a reconsideration of the minister’s decision. The minister refused his reconsideration request for the following reasons: first, the applicant had missed the 90-day deadline cited in the minister’s May 2020 decision; second, s. 26.1(1) of the Old Age Security Regulations required the making of a request to cancel an OAS pension within six months after the payments began. The Social Security Tribunal of Canada’s General Division dismissed the applicant’s appeal. The Appeal Division refused leave to appeal since the applicant had failed to make an arguable case. The applicant sought judicial review.
- Ruling: The court ruled in the respondent’s favour and dismissed the application. The court held that the applicant failed to establish that the Appeal Division erred in refusing to grant him leave to appeal, which lacked a reasonable chance of success, given the legislative requirement that a request to cancel an OAS pension be made within six months of its commencement.
- Date: The hearing was set on Oct. 31, 2024. The court released its decision on Nov. 8, 2024.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded no costs.
Court
Federal CourtCase Number
T-834-24Practice Area
Pensions & benefits lawAmount
$ 0Winner
RespondentTrial Start Date
19 February 2024Download documents