Digests

Pensions

Judicial review of Commissioner of Review Tribunals’ decision closing appeal file without convening hearing of Review Tribunal to consider appeal—Right of appeal to Review Tribunal from decisions of Minister of Human Resources and Skills Development or delegate provided in Canada Pension Plan, R.S.C., 1985, c. C-8 (CPP), s. 82(1)—Applicant’s sister applying for, receiving CPP death benefit as executor of their late mother’s estate—Applicant also applying for same benefit but application denied on basis benefit paid to other qualifying person—Whether Commissioner of Review Tribunals having jurisdiction to refuse to convene Review Tribunal to hear appeal under CPP, s. 82(1)—Applicant having right of appeal by operation of Old Age Security Act, R.S.C., 1985, c. O-9, s. 28, CPP, s. 82(1), Commissioner not having jurisdiction to deny right by operation of Review Tribunal Rules of Procedure, SOR/92-19 (Rules) as aforementioned provisions taking precedence over latter—Contrary to decision under OAS, which is final subject to review on new facts, Review Tribunal decision concerning CPP benefit may be further appealed to Pension Appeals Board under CPP, s. 83 with leave by Chairperson of Pension Appeals Board—In deciding not to convene Review Tribunal to hear appeal, Commissioner exercising leave function—Parliament’s silence on exercise of leave function by Commissioner of Review Tribunal meaning no such leave jurisdiction afforded to Commissioner regarding appeals to Review Tribunal—Absence of express leave provision further confirming no statutory jurisdiction existing granting Commissioner jurisdiction to close appeal file, not convene Review Tribunal—Doctrine of jurisdiction by necessary implication not applicable in present case since closing appeal file, refusing to convene Review Tribunal not necessary to achieve purpose for which narrow power to gather information granted to Commissioner under Rules, s. 3(2)—Right of appeal under CPP entitling person to have legitimate expectation of receiving full hearing upon filing appeal—Application allowed.

Lambie v. Canada (Attorney General) (T-686-09, 2011 FC 104, Mandamin J., judgment dated January 26, 2011, 28 pp.)