PS v Minister of Employment and Social Development

PS v Minister of Employment and Social Development

General Division correctly applied CPP statutory tests: contributor's contributory period ran from 1966 to retirement in 1993 (28 years), one‑third requires 10 years (rounded up), contributor had only five years of valid contributions so did not meet either the one‑third or 10‑year threshold; Minister's prior misstatement about 8 vs 10 years was corrected and immaterial; a 6½ month reconsideration delay was not shown to be unreasonable in context; reliance on Lezau did not prejudice the Claimant and was not determinative; no reasonable apprehension of bias shown, therefore Appeal Division dismisses appeal and confirms General Division decision.

Citation
2021 SST 62
Parties
Appellant (claimant): P. S.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
15 February 2021
Procedural Posture
CPP Death Benefit Appeal / Appeal Division Decision (leave to Appeal Granted; Appeal Heard)
Outcome
Appeal dismissed
Legal Topics
Canada Pension Plan Death Benefit, Contributory Period Calculation, Reconsideration Delay, Procedural Fairness, Bias
Source Language
English
Pensions Social Security Administrative Law Canada Pension Plan Death Benefit Contributory Period Calculation Reconsideration Delay Procedural Fairness Bias

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Parties

P. S.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

CPP Death Benefit Appeal / Appeal Division Decision (leave to Appeal Granted; Appeal Heard)

Legal Issues

  1. 1 Whether General Division erred in finding Minister apologized for referencing 8 vs 10 years of contributions
  2. 2 Whether General Division should have sanctioned Minister for >6 months reconsideration delay
  3. 3 Whether General Division erred in treating contributory period as commencing Jan 1, 1966 rather than date of immigration (1979)

Ratio Decidendi

General Division correctly applied CPP statutory tests: contributor's contributory period ran from 1966 to retirement in 1993 (28 years), one‑third requires 10 years (rounded up), contributor had only five years of valid contributions so did not meet either the one‑third or 10‑year threshold; Minister's prior misstatement about 8 vs 10 years was corrected and immaterial; a 6½ month reconsideration delay was not shown to be unreasonable in context; reliance on Lezau did not prejudice the Claimant and was not determinative; no reasonable apprehension of bias shown, therefore Appeal Division dismisses appeal and confirms General Division decision.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • General Division decision confirmed