General Division did not err when it did not consider whether individual’s business was profitable

Individual claimed disability pension under Canada Pension Plan. General Division of Social Security Tribunal concluded that individual did not satisfy “disabled” requirement because his disability did not prevent him from earning living. On appeal, Appeal Division found that there was no error of law because evidence demonstrated that individual had capacity to work and dismissed appeal. Individual applied for judicial review of decision. Application dismissed. Appeal Division did not commit any error that would warrant Court’s intervention. Appeal Division reasonably concluded that General Division did not err when it did not consider whether individual’s business was profitable. In light of significant deference that must be given to Social Security Tribunal, and ample record supporting General Division’s conclusion, Appeal Division reasonably concluded that General Division made no reviewable error.

Atkin v. Canada (Employment and Social Development) (2020), 2020 CarswellNat 107, 2020 FCA 19, Dawson J.A., Stratas J.A., and Judith Woods J.A. (F.C.A.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca