Background:
- Dawn Pentesco (Applicant) sought judicial review of the Social Security Tribunal's Appeal Division decision (AD-22-23, May 20, 2023).
- The decision denied her entitlement to a survivor's pension under the Canada Pension Plan (CPP, R.S.C. 1985 c. C-8).
- The survivor's pension had been contested since 2017 between Pentesco, claiming to be a common-law partner of the deceased, and Tracey Fraser, the deceased's legal spouse.
- The General Division initially awarded the pension to Fraser (July 2020), but a subsequent hearing awarded it to Pentesco. This was appealed, and the Appeal Division favored Fraser.
Key Points:
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Pentesco's Position:
- Challenged the Appeal Division's decision, focusing on its reliance on one piece of contradictory evidence (psychotherapist notes).
- Argued the Appeal Division should not have overturned the General Division's decision, citing procedural aspects under subsection 58(1)c of the Department of Employment and Social Development Act.
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Court's Analysis:
- Found the Appeal Division's decision reasonable.
- Agreed that the Appeal Division correctly evaluated evidence that the General Division failed to address.
- Noted the ignored evidence was material, providing an objective account of the deceased's sentiments towards Pentesco.
- Recognized that the Appeal Division's decision met the standards of justification, transparency, and intelligibility as required by Supreme Court precedent.
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Conclusion:
- The court declined Pentesco's request to reweigh evidence, stating it was beyond its role in a reasonableness review.
- Judicial review application was dismissed, with no costs awarded to either party.
Outcome: The Federal Court of Appeal upheld the decision of the Social Security Tribunal's Appeal Division, denying Dawn Pentesco's claim to the survivor's pension.
