Appellant
Respondent
- Parties: The appellant was Linda Bartlett. The respondent was the Attorney General of Canada.
- Subject Matter: The Social Security Tribunal’s Appeal Division refused to grant the appellant leave to appeal. The Appeal Division decided that the issues that she raised did not meet the test in s. 58.1 of the Department of Employment and Social Development Act, 2005 and that the General Division did not err in any arguable way. The Appeal Division noted that she intended to base her appeal on figures that the General Division had rejected on the facts. She filed a judicial review application challenging the Appeal Division’s decision. The Federal Court dismissed her application.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court agreed overall with the Federal Court’s reasons and its conclusion that the Appeal Division’s decision was reasonable. The appeal court held that the Appeal Division identified the correct legal test for granting leave. In response to the appellant’s argument that her pension was incorrectly calculated, the appeal court noted that this issue concerned the merits of the case. The appeal court noted that its role was limited to reviewing and was not to decide the merits.
- Date: The hearing was set on Sept. 18, 2024. The court released its decision on Sept. 18, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court awarded no costs as the respondent sought no costs.
Court
Federal Court of AppealCase Number
A-358-23Practice Area
Pensions & benefits lawAmount
$ 0Winner
RespondentTrial Start Date
22 December 2023Download documents