LINDA BARTLETT v ATTORNEY GENERAL OF CANADA
Linda Bartlett
Law Firm / Organization
Unrepresented
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Rebekah Ferris

Background:

  • Linda Bartlett (Applicant) applied for judicial review of the Social Security Tribunal of Canada's Appeal Division decision.
  • The decision involved denying her leave to appeal the General Division's decision related to the calculation of her survivor’s pension.

Key Points:

  1. Earlier Proceedings:

    • The Applicant has been advocating for disability and pension benefits since 1977.
    • She was granted a disability pension in 2001, with retroactive payments to 1978.
    • Upon turning 65 in 2012, her disability pension was converted to a retirement pension, which she disputed.
  2. General Division's Reconsideration Decision:

    • The General Division, on reconsideration, supported the Minister's calculation of the Applicant’s retirement pension, finding no error.
    • The Applicant's arguments regarding miscalculation, including the “escalation factor,” were dismissed.
  3. Appeal Division’s Decision:

    • The Appeal Division found no specific error in the General Division's decision or new evidence warranting intervention.
    • The Applicant's calculations and arguments were dismissed as they lacked basis in the Canada Pension Plan or official documents.
  4. Judicial Review Application:

    • The Applicant sought review, claiming procedural unfairness and contesting the Appeal Division's conclusion.
    • The Federal Court found no merit in the Applicant’s claim of procedural unfairness.
    • The Court upheld the Appeal Division's decision, concluding it was transparent, intelligible, and justified.

Outcome: The Federal Court dismissed Linda Bartlett’s application for judicial review, maintaining the decision of the Appeal Division and confirming the calculation of her survivor’s pension without costs.

Federal Court
T-863-23
Pensions & benefits law
Respondent
20 April 2023