- Parties: The applicant was Luciano Sapiente. The respondent was the Attorney General of Canada. 

- Subject Matter: In December 2000, the applicant sustained a work-related injury that resulted in pain, headaches, and fatigue. He has not worked since 2004. The applicant applied for leave to appeal a decision of the Social Security Tribunal’s General Division dated Oct. 12, 2022. He sought to dispute the start date for his disability benefits under the Canada Pension Plan, 1985, as decided by the General Division. On Mar. 3, 2023, the Appeal Division refused the applicant’s application upon finding that he raised no error by the General Division that would justify giving him permission to appeal. The applicant filed a judicial review application challenging the Appeal Division’s decision. 

- Ruling: The court ruled in the applicant’s favour, allowed the judicial review application, set aside the decision, and returned the application for leave to appeal to a different member of the Appeal Division for re-determination. The court found the decision unreasonable. The court noted that the Appeal Division’s decision relied materially on a statutory limitation period applicable to appeals to the General Division without conducting any analysis on whether that limitation period applied to an appeal of a decision pre-dating the enactment of the limitation period. 

- Date: The hearing was set on Oct. 5, 2023. The court released its decision on Oct. 11, 2023. 

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

- Amount: The court awarded no costs as the parties sought none.