LT v Minister of Employment and Social Development

LT v Minister of Employment and Social Development

The Minister failed to exercise discretion judicially by imposing an overly high standard equating 'reasonable explanation' with 'exceptional circumstances', by ignoring the claimant's medical condition and steps taken to obtain medical evidence, and by mischaracterizing a roughly six‑week delay as unreasonably lengthy; the claimant established a reasonable explanation and continuing intention, so the time to request reconsideration is extended to September 21, 2020 and the matter is remitted to the Minister for reconsideration.

Citation
2021 SST 289
Parties
Appellant (claimant): L. T.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
6 May 2021
Procedural Posture
CPP Disability — Extension of Time for Reconsideration Request / General Division Decision on Extension of Time
Outcome
Appeal allowed; time for requesting reconsideration extended to September 21, 2020; matter remitted to the Minister for reconsideration.
Legal Topics
Extension of Time, Reconsideration, Judicial Exercise of Discretion, Procedural Fairness, Medical Evidence
Source Language
English
Administrative Law Social Security Law Disability Benefits Canada Pension Plan Extension of Time Reconsideration Judicial Exercise of Discretion Procedural Fairness +1 more

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Parties

L. T.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

CPP Disability — Extension of Time for Reconsideration Request / General Division Decision on Extension of Time

Legal Issues

  1. 1 Did the Minister exercise its discretion judicially when refusing to extend the 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 imposing an overly high standard equating 'reasonable explanation' with 'exceptional circumstances', by ignoring the claimant's medical condition and steps taken to obtain medical evidence, and by mischaracterizing a roughly six‑week delay as unreasonably lengthy; the claimant established a reasonable explanation and continuing intention, so the time to request reconsideration is extended to September 21, 2020 and the matter is remitted to the Minister for reconsideration.

Court Disposition

Appeal allowed; time for requesting reconsideration extended to September 21, 2020; matter remitted to the Minister for reconsideration.

Orders

  • Extend the time to request reconsideration to September 21, 2020.
  • Remit the matter to the Minister of Employment and Social Development to make the reconsideration decision.