Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40126
Reva Landau v. Attorney General of Canada
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-03-30 | Close file on Leave | |
| 2023-03-30 | Correspondence (sent by the Court) to, both parties, Re: certificate of taxation | |
| 2023-03-28 | Certificate of taxation issued to, Tiffany Glover | |
| 2023-03-28 | Decision on the bill of costs, in the amount of $1,083.10, Reg | |
| 2023-03-28 | Submission of the bill of costs, Reg | |
| 2023-02-10 | Bill of costs, (Letter Form), Completed on: 2023-03-21, (Printed version due on 2023-02-17) | Attorney General of Canada |
| 2022-12-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-08 | Judgment on leave sent to the parties | |
| 2022-12-08 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-270-20, 2022 FCA 12, dated January 25, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-10-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-06-23 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-07-05, (Printed version filed on 2022-06-23) | Reva Landau |
| 2022-06-13 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-06-20) | Attorney General of Canada |
| 2022-06-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-07-05, (Printed version due on 2022-06-20) | Attorney General of Canada |
| 2022-05-12 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED - 2022-05-12 | |
| 2022-03-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-03-28) | Reva Landau |
| 2022-03-25 | Application for leave to appeal, (Book Form), Completed on: 2022-03-25, (Printed version filed on 2022-03-28) | Reva Landau |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Landau, Reva | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Landau, Reva
Counsel
Catherine Fan
155 Wellington Street West, 35th Floor
Toronto, Ontario
M5V 3H1
Telephone: (416) 646-4332
FAX: (416) 646-4301
Email: tina.lie@paliareroland.com
Agent
411 Roosevelt Avenue, suite 400
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2026
FAX: (613) 688-0271
Email: dtaylor@conwaylitigation.ca
Party: Attorney General of Canada
Counsel
Marcus Dirnberger
Department of Justice Canada ESDC Legal Services
140 Promenade du Portage Phase IV, 11th Floor
Gatineau, Quebec
K1A 0J9
Telephone: (613) 404-9113
FAX: (819) 994-2291
Email: tiffany.glover@hrsdc-rhdcc.gc.ca
Agent
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Charter of Rights – Right to equality (s. 15) — Discrimination based on marital status — Administrative law — Boards and Tribunals — Social Security Tribunal – Canada Pension Plan — Survivor’s pension – Whether Charter challenges to benefits legislation are subject to an elevated threshold — Whether the survivor’s pension scheme under the Canada Pension Plan violates section 15(1) of the Charter by discriminating against single contributors — Canada Pension Plan, R.S.C. 1985, c. C-8.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant, Ms. Reva Landau, has been receiving a retirement pension under the Canada Pension Plan (the “Plan”) since 2014.
She has never married, nor has she been in a common law relationship. She expects that she will never receive a survivor’s pension — an amount paid to people who were married or in a common law relationship with Plan contributors at the time of the contributor’s death — under the Plan, nor will she leave behind a partner who would be entitled such a pension.
Ms. Landau brought an application before the Superior Court of Justice of Ontario to determine whether she is entitled to an enhanced benefit under the Plan because she has suffered discrimination under s. 15(1) of the Charter on the grounds of marital status. The court determined that the appropriate procedure under the Plan was for Ms. Landau to apply to the Minister of Employment and Social Development for reconsideration of her pension amount, and to appeal to the Social Security Tribunal (SST) if necessary. The application was stayed.
Ms. Landau applied for reconsideration; the Minister determined that she was receiving the correct amount in pension benefits. Ms. Landau appealed to the SST. The General Division of the SST dismissed the appeal. The Appeal Division upheld the General Division’s decision. The Federal Court of Appeal dismissed Ms. Landau’s application for judicial review of the Appeal Division’s decision.
Lower court rulings
Social Security Tribunal of Canada
AD-20-658
L’appel est rejeté.
Federal Court of Appeal
2022 FCA 12, A-270-20
Application for judicial review dismissed.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available