Canada Disability Benefit Appeal Division: Getting permission to appeal
If you agree with everything in the General Division decision, there’s no reason to appeal. If you disagree with the decision, you can appeal, but first you’ll need to get permission to appeal from the Appeal Division. The Appeal Division can only grant permission for specific reasons.
To get permission you have to have a reasonable argument based on at least 1 of the following:
- The General Division didn’t follow a fair process
- The General Division acted beyond its powers or didn’t exercise its powers
- The General Division got the law wrong, or it got the facts wrong, or it made an error of mixed law and fact
Or, you have to set out evidence that the General Division didn’t have.
The General Division didn’t follow a fair process
| Legal wording | The General Division failed to observe a principle of natural justice. |
|---|---|
| Plain language wording | The General Division didn’t follow a fair process. |
What’s natural justice?
Natural justice is about a fair process. This includes things like the right to see all evidence, the right to make your case, and the right to an impartial (unbiased) decision-maker.
The General Division acted beyond its powers or didn’t exercise its powers
| Legal wording | The General Division acted beyond or refused to exercise its jurisdiction. |
|---|---|
| Plain language wording | The General Division dealt with an issue it didn’t have the power to deal with. Or it didn’t deal with an issue it was supposed to deal with. |
What’s jurisdiction?
Jurisdiction is the SST’s legal power (authority) to deal with a dispute or issue. There are some things the SST has the power to decide, and some things it doesn’t.
The General Division got the law wrong, or it got the facts wrong, or it made an error of mixed law and fact
| Legal wording | The General Division erred in law, in fact, or in mixed law and fact in making its decision. |
|---|---|
| Plain language wording | The General Division didn’t interpret or apply the law correctly or it got the facts wrong. |
What’s an error of law?
An error of law happens when the General Division:
- makes a decision using part of the legislation (laws from Parliament) that doesn’t actually apply to your situation
- makes a decision using an interpretation of case law (established law from a court or tribunal) that doesn’t apply to your situation
- doesn’t apply the correct law
- uses the correct law, but misunderstands what it means
What’s an error of fact?
The General Division has to review and consider all the evidence before deciding what facts it accepts. This is called “finding the facts” or “making a finding of fact.” When the General Division makes a finding of fact that’s important to its decision, but gets the fact wrong, that’s an error of fact.
What’s an error of mixed law and fact?
An error of mixed law and fact happens when the General Division uses the correct law, but doesn’t apply it properly to the facts of your case.
You have evidence the General Division didn’t have
| Legal wording | Evidence that was not presented to the General Division. |
|---|---|
| Plain language wording | You have a new document or new testimony that the General Division didn’t have. |