[2017] 4 F.C.R. D-2
Pensions
Judicial review of Social Security Tribunal, Appeal Division (AD) decision granting Minister of Employment and Social Development (Minister) leave to appeal from Social Security Tribunal, General Division (GD) decision determining that respondent eligible for disability pension under Canada Pension Plan, R.S.C., 1985, c. C-8 (CPP) — Respondent, health care worker, sustaining injury while assisting patient — GD finding respondent’s disability “severe and prolonged” — AD granting Minister’s request for leave in part — Concluding GD may have made erroneous finding of fact — AD dismissing application for leave to appeal on other two arguments — Applicant seeking order setting aside AD’s decision, with directions to grant Minister’s application for leave to appeal on two refused arguments — Issues whether scope of decision to grant leave subject to judicial review by Court; whether AD’s rejection of two of Minister’s arguments for leave reasonable — Application herein premature — Court not being asked to review decision to grant leave but rather reasons on which it was granted — Minister raising only one of three grounds of appeal under Department of Employment and Social Development Act, S.C. 2005, c. 34 (DESDA), s. 58(1), i.e. that GD based its decision on erroneous finding of fact — Minister’s allegations of erroneous findings of fact all falling within ground of appeal under DESDA, s. 58(1)(c) — As such, cannot be said that Minister raising three separate grounds of appeal — Applicant seeking judicial review of AD’s reasons, not its disposition — Issue of whether or not scope of appeal will be limited is a procedural matter falling within expertise of tribunal — However, DESDA s. 58(3) not allowing AD to restrict scope of appeal if leave granted — Applicant having no basis upon which to bring judicial review application prior to completion of appeal proceedings — AD’s determination of other two factual issues raised by Minister reasonable — Application dismissed.
Canada (Attorney General) v. Tsagbey (T-1043-16, 2017 FC 356, Mosley J., judgment dated April 11, 2017, 38 pp.)