Canada (Minister of Human Resources Development) v. Eason

Canada (Minister of Human Resources Development) v. Eason

Because the Board member granted leave to appeal without addressing or expressly granting an extension of time and without demonstrating that the required criteria for an extension had been considered, the member erred in law or exceeded or failed to exercise jurisdiction; the decision granting leave was set aside and the matter remitted for redetermination.

Citation
2005 FC 1698
Parties
Applicant: Minister of Human Resources Development; Respondent: Patrick Eason
Court
Federal Court
Jurisdiction
Canada
Judgment Date
15 December 2005
Procedural Posture
Judicial Review / Decision on Application for Judicial Review; Judgment Setting Aside Tribunal Decision and Remitting Matter for Redetermination
Outcome
Application for judicial review allowed; decision under review set aside and matter referred back to the Pension Appeals Board for redetermination
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction, Standard of Review, Procedural Fairness
Source Language
English
Administrative Law Social Security Law Pension Law Judicial Review Extension of Time Leave to Appeal Jurisdiction Standard of Review +1 more

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Parties

Minister of Human Resources Development

Applicant

Patrick Eason

Respondent

Procedural Posture

Judicial Review / Decision on Application for Judicial Review; Judgment Setting Aside Tribunal Decision and Remitting Matter for Redetermination

Legal Issues

  1. 1 Whether the Pension Appeals Board member granted an extension of time when granting leave to appeal outside the 90 day period
  2. 2 Whether the member exceeded jurisdiction or failed to exercise jurisdiction by granting leave without explicitly granting or addressing an extension of time
  3. 3 What criteria apply to an application for an extension of time and whether they were applied

Ratio Decidendi

Because the Board member granted leave to appeal without addressing or expressly granting an extension of time and without demonstrating that the required criteria for an extension had been considered, the member erred in law or exceeded or failed to exercise jurisdiction; the decision granting leave was set aside and the matter remitted for redetermination.

Court Disposition

Application for judicial review allowed; decision under review set aside and matter referred back to the Pension Appeals Board for redetermination

Orders

  • The application for judicial review is allowed.
  • The decision under review is set aside and the matter referred back to the Board for redetermination.