[2016] 2 F.C.R. D-3
Pensions
Judicial review of decision by Social Security Tribunal, Appeal Division (AD) refusing applicant’s leave to appeal decision by Review Tribunal (RT) determining Canada Pension Plan disability pension not payable to applicant — Medical adjudicator determining applicant not having severe, prolonged disability — RT concluding insufficient evidence of severe disability provided by applicant — Applicant failing to raise ground of appeal having reasonable chance of success before AD — Main issues standard of review, whether additional evidence admissible, whether AD committing reviewable error — Two-step analysis previously guiding Court when reviewing decisions of former Pension Appeals Board (PAB) on applications for leave to appeal should be reconsidered — Test to be applied by AD when determining leave to appeal set out in Department of Employment and Social Development Act, S.C. 2005, c. 34, s. 58(2) — Determination of whether application for leave to appeal having reasonable chance of success within expertise of AD, whose ultimate responsibility, if leave granted, will be to decide merits of appeal reviewable on standard of reasonableness — Determination of whether leave to appeal should be granted or denied subject to same standard of review — Word “satisfied” in s. 58(2) supporting argument that deference should be afforded to AD’s determination of whether leave should be granted — Presumption that standard of review reasonableness not rebutted — Correctness standard of review not applying to legal questions raised when AD applying home statute in determining whether appeal having reasonable chance of success — New evidence submitted by applicant not falling within exceptions where new evidence can be adduced in judicial review proceedings — Furthermore, under current legislative framework, introduction of new evidence no longer independent ground of appeal — AD under no obligation to consider new evidence — AD’s decision refusing leave to appeal reasonable — Reasonable for AD to conclude applicant had not raised grounds of appeal having reasonable chance of success — Application dismissed.
Tracey v. Canada (Attorney General) (T-74-15, 2015 FC 1300, Roussel J., judgment dated November 20, 2015, 21 pp.)