CI v Minister of Employment and Social Development

CI v Minister of Employment and Social Development

The Minister did not exercise its discretion judicially because it provided no reasons and applied an inappropriately high standard equating a reasonable explanation with exceptional circumstances and ignored relevant factors on reasonable chance of success; however, on the mandatory four-factor test the claimant failed to establish two required factors (reasonable explanation for delay and continuing intention), so the time for filing a reconsideration was not extended.

Citation
2021 SST 917
Parties
Appellant (claimant): C. I.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
11 June 2021
Procedural Posture
Canada Pension Plan Disability Appeal / General Division – Income Security Section Decision
Outcome
Appeal dismissed; time to request reconsideration not extended.
Legal Topics
Late Request for Reconsideration, Extension of Time, Judicial Exercise of Discretion, Discretionary Decision Making
Source Language
English
Administrative Law Social Security Law Canada Pension Plan Law Late Request for Reconsideration Extension of Time Judicial Exercise of Discretion Discretionary Decision Making

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Parties

C. I.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / General Division – Income Security Section Decision

Legal Issues

  1. 1 Whether the Minister exercised its discretion judicially in refusing to extend the time to request reconsideration
  2. 2 Whether the time to request reconsideration should be extended under the four-factor test in the CPP regulations
  3. 3 Whether the claimant provided a reasonable explanation for delay and demonstrated a continuing intention to request reconsideration

Ratio Decidendi

The Minister did not exercise its discretion judicially because it provided no reasons and applied an inappropriately high standard equating a reasonable explanation with exceptional circumstances and ignored relevant factors on reasonable chance of success; however, on the mandatory four-factor test the claimant failed to establish two required factors (reasonable explanation for delay and continuing intention), so the time for filing a reconsideration was not extended.

Court Disposition

Appeal dismissed; time to request reconsideration not extended.

Orders

  • Appeal dismissed.
  • Time to request reconsideration is not extended.