Appellant
Respondent
- Parties: The appellant was Harjinder Bhamra. The respondent was the Attorney General of Canada.
- Subject Matter: The appellant applied for a disability pension under the Canada Pension Plan, 1985. The Minister of Employment and Social Development refused the appellant’s application upon finding that she failed to establish that she had a severe and prolonged disability before the end of her minimum qualifying period. The Social Security Tribunal’s General Division upheld this decision. The Tribunal’s Appeal Division dismissed the appellant’s application for leave to appeal the General Division’s decision. The Federal Court upheld the Appeal Division’s decision and denied leave to appeal.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. It ruled that the Appeal Division provided internally coherent reasoning for its decision to deny leave to appeal and made a justified, transparent, and intelligible determination that the appellant failed to establish an arguable case. The appeal court found that the Federal Court did not err in its application of the reasonableness standard to the Appeal Division’s decision and that there was no basis to grant the appellant relief in the absence of a reviewable error on the Federal Court’s part.
- Date: The hearing was set on May 30, 2023. The court released its decision on May 31, 2023.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: No financial award was specified.
Court
Federal Court of AppealCase Number
A-53-21Practice Area
Pensions & benefits lawAmount
$ 0Winner
RespondentTrial Start Date
22 February 2021Download documents