PENSIONS |
Rafuse v. Canada (Pension Appeals Board)
T-2115-98
Tremblay-Lamer J.
5/12/00
6 pp.
Application for judicial review of decision by Pension Appeals Board refusing leave to appeal decision of Review Tribunal--Review Tribunal holding applicant disabled, within meaning of Canada Pension Plan, s. 42(2), beginning in October 1994--Applicant worked at London Life, selling life insurance, from January 1962 to September 1991--In January 1992, applicant applied to Canada Pension Plan (CPP) for disability benefits, suffering in part from Chronic Fatigue Syndrome--Applicant unable to work by 1991--Application for disability benefits denied by CPP--Review Tribunal accepting applicant's disability, but only as of October 1994--Proper test for Pension Appeals Board to apply in determining whether to grant leave to appeal whether arguable case which might succeed on appeal--Lower threshold for applicant to meet than one to be met on hearing of appeal on merits--Three requirements must be met in order to qualify for disability benefits--Applicant must: (1) have made valid contributions to plan for minimum qualifying period, (2) be disabled within meaning of Act, s. 42(2), (3) continue to be disabled--Requirements met herein--Applicant having arguable case which could succeed on appeal--Evidence supporting applicant's assertion he was disabled within meaning of Act, s. 42(2) prior to 1994--Decision of Pension Appeals Board denying leave to appeal unreasonable--Application allowed--Canada Pension Plan, R.S.C., 1985, c. C-8, s. 42 (as am. by R.S.C., 1985 (2nd Supp.), c. 30, s. 12; S.C. 1992, c. 1, s. 23; 1996, c. 11, s. 95(b); 1997, c. 40, s. 68).