SS v Minister of Employment and Social Development

SS v Minister of Employment and Social Development

The Minister failed to exercise discretion judicially by refusing extension without adequate reasons and by incorrectly requiring new evidence to show a reasonable chance of success; however the Tribunal refused to extend time because the claimant did not establish a reasonable explanation for the delay nor a continuing intention to request reconsideration, and all four statutory factors were not met, therefore the appeal was dismissed.

Citation
2021 SST 653
Parties
Appellant (claimant): S. S.; Minister: Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
25 June 2021
Procedural Posture
Canada Pension Plan Disability Reconsideration Time Extension / General Division Decision on Extension of Time to Request Reconsideration
Outcome
Appeal dismissed; time for claimant to request reconsideration not extended.
Legal Topics
Extension of Time, Reconsideration, Discretionary Decision, Procedural Fairness
Source Language
English
Administrative Law Social Security Pensions Employment and Social Development Extension of Time Reconsideration Discretionary Decision Procedural Fairness

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Parties

S. S.

Appellant (claimant)

Minister of Employment and Social Development

Minister

Procedural Posture

Canada Pension Plan Disability Reconsideration Time Extension / General Division Decision on Extension of Time to Request Reconsideration

Legal Issues

  1. 1 Did the Minister exercise its discretion judicially when refusing to extend time to request reconsideration?
  2. 2 If not, should the Tribunal extend the time for the claimant to request reconsideration?

Ratio Decidendi

The Minister failed to exercise discretion judicially by refusing extension without adequate reasons and by incorrectly requiring new evidence to show a reasonable chance of success; however the Tribunal refused to extend time because the claimant did not establish a reasonable explanation for the delay nor a continuing intention to request reconsideration, and all four statutory factors were not met, therefore the appeal was dismissed.

Court Disposition

Appeal dismissed; time for claimant to request reconsideration not extended.

Orders

  • Time to request reconsideration not extended
  • Appeal dismissed