Hilary Perry

The applicant sought judicial review of an interlocutory decision by the Appeal Division of the Social Security Tribunal granting him leave to appeal regarding his Old Age Security pension.

The respondent brought a motion to strike the application on the basis that it was moot and an abuse of process, as the applicant had already obtained a reconsideration decision from Service Canada and had filed a subsequent judicial review in the Federal Court of Appeal regarding the Appeal Division's final decision.

The Federal Court granted the motion to strike, concluding that allowing the application to proceed would violate principles of judicial economy and finality, and that striking the application would not make the applicant's issues evasive of review.

The self-represented applicant sought judicial review of a decision by the Social Security Tribunal Appeal Division denying leave to appeal the dismissal of her Canada Pension Plan disability pension claim.

The applicant sustained an ankle fracture and was later diagnosed with ovarian cancer.

The General Division and Appeal Division concluded she did not meet the criteria for a severe and prolonged disability before her minimum qualifying period expired, as the cancer diagnosis occurred subsequently.

The Federal Court found no error and held the Appeal Division's decision was reasonable.

The application for judicial review was dismissed.