In Ahsan v. Canada (Attorney General) (Fed CA, 2025) the Federal Court of Appeal dismissed a JR, this from a finding of the Appeal Division of the Social Security Tribunal that the applicant's disability "was neither severe nor prolonged" under CPP-D legislation.
Here the court comments (with a sense of assurance that I find unwarranted) as to ODSP's likely position on granting retroactive entitlement relating to a far back-dated CPP-D disentitlement:
D. The reimbursement of the CPP disability pension payments
[35] Before concluding, I wish to address a point strongly emphasized by Mr. Ahsan in his submissions. Mr. Ahsan says that it is unfair for the Minister to ask him "“to repay money that [he] never actually received”". By money that he never received, Mr. Ahsan refers to the payments that Canada sent to Ontario described in paragraph [4] above, and that Canada is now asking Mr. Ahsan to reimburse. Mr. Ahsan wants Ontario, not him, to reimburse Canada. However, as Mr. Ahsan acknowledged in his submissions, he has received indications from Ontario and from a legal aid lawyer that he will receive the full payments that he should have received under the Ontario program during the years 2009 to 2016 if this Court’s decision has the effect of confirming that he was not eligible to the CPP disability pension during those years. Mr. Ahsan will then be able to use the payments received from Ontario to reimburse Canada. Accordingly, there is no need for this Court to address this issue further.
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