Canada (Attorney General) v. Ibrahim
ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Department of Justice Canada
IBRAHIM, SABET
Law Firm / Organization
Unrepresented

- Parties: The applicant was Attorney General of Canada. The respondent was Sabet Ibrahim.

- Subject Matter: The respondent applied for a disability pension under the Canada Pension Plan, 1985. The Minister of Employment and Social Development found the respondent eligible for benefits due to a severe disability. In 2020, the Minister terminated his disability pension as of July 2016, given that he earned amounts in 2016, 2017, and 2018 that were over the “substantially gainful” threshold in s. 68.1(1) of the Canada Pension Plan Regulations. The Minister determined that, because of these earnings, his disability was no longer “severe” as of July 2016. The Social Security Tribunal’s General Division dismissed his appeal. The Appeal Division overturned the General Division’s decision in the respondent’s favour. The applicant filed a judicial review application challenging the Appeal Division’s decision.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the judicial review application without costs. It found the Appeal Division’s decision reasonable. The Appeal Division was justified in concluding that the respondent continued to have a “severe” disability despite earning amounts exceeding the “substantially gainful” threshold, given the relevant factual and legal constraints, the appeal court said. The reasons reflected a rational chain of analysis, the appeal court added.

- Date: The hearing was set on Sept. 18, 2023. The court released its decision on Oct. 5, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-269-22
Employment law
$ 0
Respondent
14 December 2022