Reasonable remedy provided to compensate applicant for unavailability of audio recording of her testimony

General Division of Social Security Tribunal found that applicant had not demonstrated that she suffered from severe and prolonged disability as of minimum qualifying period (MQP) date. Appeal Division of Tribunal dismissed applicant’s appeal. Applicant brought application for judicial review. Application dismissed. Decision of Appeal Division was not unreasonable. While doctors’ reports expressed opinion of current disability, reports did not provide evidence that condition or disability existed as of MQP date. Reports by alternate healthcare providers did not speak to applicant’s condition as of MQP date and did not provide real diagnosis, treatment plan or prognosis. On evidentiary record, Appeal Division’s conclusion that applicant failed to establish disability as of MQP date was reasonable. Appeal Division provided reasonable remedy to applicant to enable her to compensate for unavailability of audio recording of her testimony before General Division. In circumstances where applicant’s testimony was found not to be credible, applicant failed to demonstrate that Appeal Division proceeded in unfair manner.

Wachowiak v. Canada (Attorney General) (2019), 2019 CarswellNat 169, 2019 FCA 18, J.D. Denis Pelletier J.A., Eleanor R. Dawson J.A., and Wyman W. Webb J.A. (F.C.A.).