KRISTINE HUEBNER v. ATTORNEY GENERAL OF CANADA
KRISTINE HUEBNER
Law Firm / Organization
Unrepresented
ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Ian McRobbie

Case Overview:

  • Judicial Review Application: Huebner sought judicial review of a decision by the Appeal Division of the Social Security Tribunal. The decision denied her entitlement to a survivor's pension under the Canada Pension Plan (CPP).

Key Legal Points:

  1. Survivor's Pension Criteria: The CPP provides a survivor’s pension to the survivor of a deceased contributor. Huebner claimed survivor status in relation to Patrick Carlson.
  2. Tribunal's Decision: The Appeal Division concluded Huebner was not a survivor as defined, due to the termination of her common-law relationship with Mr. Carlson prior to his death.
  3. Evidence and Standard of Review: Huebner attempted to introduce new evidence at the hearing, which was dismissed. The Court applied the reasonableness standard, requiring deference to the Tribunal’s decision unless found unreasonable.

Court's Analysis and Decision:

  • Evidence Consideration: The Court found that the Appeal Division carefully reviewed all evidence and reasonably concluded Huebner and Mr. Carlson were not in a common-law relationship before his death.
  • Reasonableness of Decision: The Court deemed the decision to be transparent, justified, and intelligible, thus meeting the standard of review.

Conclusion:

  • The Federal Court of Appeal dismissed Huebner's application for judicial review without costs. It found no reason to intervene, affirming the Tribunal's decision as reasonable and adequately supported by the evidence.
Federal Court of Appeal
A-137-23
Social welfare
Respondent
12 May 2023