Proof that claimant suffered from chronic pain syndrome did not automatically mean claimant was entitled to disability benefits

Federal appeal | Pensions | Federal and provincial pension plans | Federal pension plans

General Division of Social Security Tribunal (SST-GD) upheld denial of Canada Pension Plan disability benefits to claimant because he did not establish that he suffered from severe and prolonged disability. Appeal Division of Social Security Tribunal (SST-AD) dismissed claimant’s appeal. Claimant brought application for judicial review. Application dismissed. SST-AD’s decision was reasonable. Jurisprudence did not stand for proposition that SST-AD may re-weigh evidence that was before SST-GD. Proof that claimant suffered from chronic pain syndrome did not automatically mean that claimant was entitled to disability benefits. SST-GD and SST-AD did not make reviewable error in assessing claimant’s claim, as there were facts to support conclusion that he did not meet statutory definition of disability.

Garvey v. Canada (Attorney General) (2018), 2018 CarswellNat 2890, 2018 FCA 118, D.G. Near J.A., Mary J.L. Gleason J.A., and J.B. Laskin J.A. (F.C.A.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Law Society Convocation approves new policy on bencher information requests

Relocation disputes surge in family law litigation, says Lerners LLP’s Ryan McNeil

Ont. CA confirms future harm risk not compensable in contaminated medication class action

Law Commission of Ontario announces new board of governors appointments

Ontario Superior Court upholds ‘fair dealing’ in franchise dispute

Ontario Superior Court orders retrial for catastrophic impairment case due to procedural unfairness

Most Read Articles

Relocation disputes surge in family law litigation, says Lerners LLP’s Ryan McNeil

Law Commission of Ontario announces new board of governors appointments

Ontario Superior Court denies late motion to transfer car accident case to simplified procedure

LEAF celebrates 39 years fighting gender-based discrimination at annual Evening for Equality gala