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LINDA BARTLETT v ATTORNEY GENERAL OF CANADA

Background:

  • Linda Bartlett (Applicant) applied for judicial review of the Social Security Tribunal of Canada's Appeal Division decision.
  • The decision involved denying her leave to appeal the General Division's decision related to the calculation of her survivor’s pension.

Key Points:

  1. Earlier Proceedings:

    • The Applicant has been advocating for disability and pension benefits since 1977.
    • She was granted a disability pension in 2001, with retroactive payments to 1978.
    • Upon turning 65 in 2012, her disability pension was converted to a retirement pension, which she disputed.
  2. General Division's Reconsideration Decision:

    • The General Division, on reconsideration, supported the Minister's calculation of the Applicant’s retirement pension, finding no error.
    • The Applicant's arguments regarding miscalculation, including the “escalation factor,” were dismissed.
  3. Appeal Division’s Decision:

    • The Appeal Division found no specific error in the General Division's decision or new evidence warranting intervention.
    • The Applicant's calculations and arguments were dismissed as they lacked basis in the Canada Pension Plan or official documents.
  4. Judicial Review Application:

    • The Applicant sought review, claiming procedural unfairness and contesting the Appeal Division's conclusion.
    • The Federal Court found no merit in the Applicant’s claim of procedural unfairness.
    • The Court upheld the Appeal Division's decision, concluding it was transparent, intelligible, and justified.

Outcome: The Federal Court dismissed Linda Bartlett’s application for judicial review, maintaining the decision of the Appeal Division and confirming the calculation of her survivor’s pension without costs.

Linda Bartlett
Law Firm / Organization
Unrepresented
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Rebekah Ferriss

Federal Court
T-863-23
Pensions & benefits law
Not specified/Unspecified
Respondent
20 April 2023