DW v Minister of Employment and Social Development

DW v Minister of Employment and Social Development

The application was refused because it was filed more than one year after the decision was communicated (deemed communicated January 3, 2019), and the Tribunal has no discretion to hear applications filed outside the one-year period under subsection 66(2) of the DESD Act.

Citation
2021 SST 47
Parties
Appellant (claimant): D. W.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
18 January 2021
Procedural Posture
Canada Pension Plan (cpp) Disability Rescission/amendment Application / Application to Rescind or Amend Decision
Outcome
Application to rescind or amend refused as filed late.
Legal Topics
Rescind or Amend, Limitation Period, Communication of Decision, Deeming Provision
Source Language
English
Administrative Law Social Security Canada Pension Plan Rescind or Amend Limitation Period Communication of Decision Deeming Provision

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Parties

D. W.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan (cpp) Disability Rescission/amendment Application / Application to Rescind or Amend Decision

Legal Issues

  1. 1 Whether the application to rescind or amend was filed within the one-year limitation period prescribed by subsection 66(2) of the DESD Act
  2. 2 Whether a new material fact was presented that could not have been discovered with reasonable diligence
  3. 3 Application of the deeming provision under section 19 of the Social Security Tribunal Regulations

Ratio Decidendi

The application was refused because it was filed more than one year after the decision was communicated (deemed communicated January 3, 2019), and the Tribunal has no discretion to hear applications filed outside the one-year period under subsection 66(2) of the DESD Act.

Court Disposition

Application to rescind or amend refused as filed late.

Orders

  • Application to rescind or amend refused