Digests

Pensions

Judicial review of Pension Appeals Board decision allowing Minister of Human Resources and Skills Development Canada’s appeal from Review Tribunal’s decision granting applicant disability pension benefits pursuant to Canada Pension Plan, R.S.C., 1985, c. C-8, s. 42(2)(a)—Applicant applying for disability pension twice but applications denied—However, application under Plan, s. 84(2) for reconsideration of previous Review Tribunal decision based on “new facts” granted—Board determining Tribunal erred in concluding “new facts” justifying reconsideration—Per Trudel J.A. (Ryer J.A. concurring): For evidence to be admissible as “new fact”: (1) must establish fact that existed at time of original hearing but not discoverable before that hearing by exercise of due diligence; (2) evidence must reasonably be expected to affect result of prior hearing—Applicant’s evidence not satisfying first part of test (discoverability)—Therefore Board’s finding evidence failing to satisfy “new facts” test reasonable—Application dismissed—Per Sharlow J.A. (dissenting):  “New facts” provision should not be applied so strictly or mechanically as to preclude a claimant with potentially valid claim from having case heard on merits.

Higgins v. Canada (Attorney General) (A-550-08, 2009 FCA 322, Trudel and Sharlow JJ.A., judgment dated November 10, 2009, 20 pp.)