Pensions
Judicial review of Review Tribunal’s decision applicant not resident of Canada from 1981 to 1988, entitled to partial Old Age Security (OAS) pension—Applicant born in Nova Scotia, married American citizen, settled in Florida in 1975—Couple owned apartment in Florida during 1981-1988 period—Also purchased cottage property in Nova Scotia in 1981 where lived from early spring until late fall from 1983 to 1991— Judicial review of Review Tribunal’s decision in Federal Court only recourse available for unsuccessful appellants such as applicant, whose appeals lodged pursuant to Old Age Security Act, R.S.C., 1985, c. O-9, ss. 27.1(1), 28(1), as no existing right to seek leave to appeal to Pensions Appeal Board—Mere “ownership” per se not resolving issue where applicant “ordinarily lived”—Determination of residency requiring consideration of all of circumstances, not merely intention of appellant—In view of Review Tribunal’s reliance on concept of “intention” regarding Florida, failure to refer to evidence central to issue before it, reasons of Review Tribunal lacking justification, transparency, intelligibility—Application allowed.
Kiefer v. Canada (Attorney General) (T-1734-07, 2008 FC 786, Layden-Stevenson J., judgment dated June 23, 2008, 27 pp.)