Does the Pension Appeal Board have an obligation to establish that the application will be successful?
Canada (Federal), Canada
The following excerpt is from Salls v. Canada (Minister of Human Resources), 2000 CanLII 15766 (FC):
[7] The function of the Pension Appeal Board in determining an application for leave to appeal is not to determine the merits of the appeal. There is accordingly, no onus on the applicant to establish that her appeal, if allowed, will be successful. Rather, the question to which the Chairperson of the Pensions Appeal Board should have directed himself is whether there exists some arguable ground upon which the proposed appeal could succeed. In Kerth v. Canada, 1999 CanLII 8630 (FC), [1999] F.C.J. No. 1252, Madame Justice Reed made the following comments with respect to these legal principles:
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