Applicant
Respondent
- Parties: The applicant was La Succession de Manoutchehr Bigdeli-Azari. The respondent was the Procureur général du Canada.
- Subject Matter: This case involved an application seeking a review of the Minister’s decision authorizing the payment of the old age security pension only for the month of return to Canada, namely August 2016. The Minister upheld the initial decision. The applicant estate appealed to the Social Security Tribunal’s General Division. The General Division dismissed the appeal. The Appeal Division upheld the General Division’s decision. The applicant estate 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 with costs. Given that the Old Age Security Act and Regulations did not provide any exception to the rule that the pension would be suspended in the event of an absence of over six months, even for humanitarian reasons, and given that the applicant estate failed submit any case law to support its argument, the Appeal Division could reasonably conclude that the legislation did not grant it any discretion, the appeal court held. The Appeal Division reasonably concluded that the General Division did not fail to observe the principles of natural justice and procedural fairness, the appeal court added.
- Date: The hearing was set on Mar. 20, 2024. The court released its decision on Mar. 20, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: No financial award was specified.
Court
Federal Court of AppealCase Number
A-343-21Practice Area
Pensions & benefits lawAmount
$ 0Winner
RespondentTrial Start Date
18 November 2021Download documents