PUBLIC PENSION PLANS - Canada Pension Plan - Benefits payable - Death benefit - Survivor’s pension

Law360 Canada (January 18, 2023, 6:44 AM EST) -- Application by Meena Jasuja (Meena) for judicial review of a decision by the Appeal Division of the Social Security Tribunal (SST-AD) refusing Meena leave to appeal a decision of the General Division of the Social Security Tribunal (SST-GD). On December 21, 2012, Meena’s partner died. At the time of his death, the deceased was also married to, but separated from, the Respondent, Joytika Jasuja (Joytika). Meena married the deceased in 1993 and they remained married until their divorce in 2008. Meena reported that they had reconciled prior to the deceased’s death and were cohabitating at the time of his death. After the deceased's 2008 divorce from Meena, he married Joytika in 2009. The couple separated in 2010 and became engaged in a protracted divorce process. At the time of the deceased’s death, Joytika and the deceased remained married. Both Meena and Joytika applied for a Canada Pension Plan(CPP) survivor’s pension. In considering the two competing claims for survivorship benefits, the Minister of Employment and Social Development (Minister) determined that Meena was entitled to the survivor’s pension. Reconsideration of the Minister’s decision was sought, and the decision was upheld on June 17, 2013. The Minister’s decision was then appealed to the General Division of the SST-GD. The tribunal held that Joytika was entitled to the pension, finding the deceased had provided sworn statements in 2012 during his divorce proceedings that cast doubt on Meena’s claim she had begun cohabiting with the deceased on December 18, 2010. The SST-AD refused Meena leave to appeal that decision....
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