Kinsella v. Canada (Attorney General), 2019 FC 429

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Citation2019 FC 429
Date09 April 2019
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3 practice notes
  • Legault v. Canada (Attorney General), 2022 FC 741
    • Canada
    • Federal Court (Canada)
    • May 18, 2022
    ...capacity to work, rather than a medical diagnosis, that defines the severity of a disability (citing Kinsella v Canada (Attorney General), 2019 FC 429 at para 33). In order to demonstrate an inability to pursue any regular and substantially gainful occupation, a claimant must also show that......
  • Mohammed v. Canada (Social Security Tribunal), 2022 FC 1124
    • Canada
    • Federal Court (Canada)
    • July 27, 2022
    ...the Court cannot overturn the decision. Justice Kane summarized the issue best at paragraph 38 of Kinsella v Canada (Attorney General), 2019 FC 429: The Court’s role, as described above, is very limited. Where there is no error by the Appeal Division, the Court cannot do more than co......
  • Dion v. Canada (Attorney General), 2019 FC 1552
    • Canada
    • Federal Court (Canada)
    • December 4, 2019
    ...suffered that is assessed, but rather, her ability to perform a substantially gainful occupation (Kinsella v Canada (Attorney General), 2019 FC 429 at para 36).  Here the evidence was that Ms. Dion had been employed at various times since 2014 and that she was able to perform the tasks......
3 cases
  • Legault v. Canada (Attorney General), 2022 FC 741
    • Canada
    • Federal Court (Canada)
    • May 18, 2022
    ...capacity to work, rather than a medical diagnosis, that defines the severity of a disability (citing Kinsella v Canada (Attorney General), 2019 FC 429 at para 33). In order to demonstrate an inability to pursue any regular and substantially gainful occupation, a claimant must also show that......
  • Mohammed v. Canada (Social Security Tribunal), 2022 FC 1124
    • Canada
    • Federal Court (Canada)
    • July 27, 2022
    ...the Court cannot overturn the decision. Justice Kane summarized the issue best at paragraph 38 of Kinsella v Canada (Attorney General), 2019 FC 429: The Court’s role, as described above, is very limited. Where there is no error by the Appeal Division, the Court cannot do more than co......
  • Dion v. Canada (Attorney General), 2019 FC 1552
    • Canada
    • Federal Court (Canada)
    • December 4, 2019
    ...suffered that is assessed, but rather, her ability to perform a substantially gainful occupation (Kinsella v Canada (Attorney General), 2019 FC 429 at para 36).  Here the evidence was that Ms. Dion had been employed at various times since 2014 and that she was able to perform the tasks......

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