PP v Minister of Employment and Social Development

PP v Minister of Employment and Social Development

The Appeal Division held the Minister misapplied s 74.1 CPPR by requiring more than a "reasonable explanation" (effectively demanding evidence of incapacity or exceptional circumstances) and by ignoring relevant factors—notably the claimant's recent inpatient psychiatric care and heavy medication—so the Minister did not exercise its discretion judicially; therefore the claimant satisfied all four conditions in s 74.1(3)-(4) and an extension must be granted.

Citation
2021 SST 166
Parties
Appellant (claimant): P. P.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
28 April 2021
Procedural Posture
CPP Disability Appeal / Appeal Division Decision
Outcome
Appeal allowed
Legal Topics
Extension of Time, Reconsideration, Exercise of Discretion, Judicial Standard for Discretionary Decisions, Late Request for Reconsideration, Medical Evidence Consideration
Source Language
English
Administrative Law Social Security Law Disability Benefits Tribunal Procedure Extension of Time Reconsideration Exercise of Discretion Judicial Standard for Discretionary Decisions +2 more

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Parties

P. P.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

CPP Disability Appeal / Appeal Division Decision

Legal Issues

  1. 1 Whether the Appeal Division may consider new evidence not before the General Division
  2. 2 Whether the General Division erred in concluding the Minister exercised its discretion judicially in refusing an extension
  3. 3 Whether the Minister applied the correct standard for a "reasonable explanation" under s 74.1 CPPR and considered relevant factors such as psychiatric hospitalization and medication

Ratio Decidendi

The Appeal Division held the Minister misapplied s 74.1 CPPR by requiring more than a "reasonable explanation" (effectively demanding evidence of incapacity or exceptional circumstances) and by ignoring relevant factors—notably the claimant's recent inpatient psychiatric care and heavy medication—so the Minister did not exercise its discretion judicially; therefore the claimant satisfied all four conditions in s 74.1(3)-(4) and an extension must be granted.

Court Disposition

Appeal allowed

Orders

  • The Minister is directed to grant the Claimant an extension of time to request reconsideration under s 74.1 of the Canada Pension Plan Regulations and to reconsider the Claimant's disability application in accordance with the law