Canada ( Attorney General ) v. Landry
T-1622-95
Rothstein J.
25/2/97
6 pp.
Old age security-Application to review decision of review tribunal established under Old Age Security Act respondent qualified for Widowed Spouse's Allowance-Respondent's first husband died in 1970, respondent remarried in 1973, divorced in 1979, second husband died in 1990-Minister rejected respondent's application with respect to first husband on ground did not qualify under definition of widow under Act (excluding person who has remarried) and with respect to second husband as second marriage ended in divorce, therefore not widow when second husband died-Review tribunal allowed appeal from Minister's decision on ground legislation under Old Age Security Act should be same as under Canada Pension Plan and saying legislation should be changed to recognize circumstances such as respondent's case-Judicial review permissible, and even required, in spite of privative clause in Old Age Security Act as review tribunal expressly disregarded law, thereby exceeding jurisdiction-Ecclesiastical annulment of second marriage not relevant for purposes of Widowed Spouse's Allowances under Old Age Security Act-Application allowed-Old Age Security Act, R.S.C., 1985, c. O-9, ss. 2 (as am. by R.S.C., 1985 (1st Supp.), c. 34, s. 1), 28(2) (as am. idem)-Canada Pension Plan, R.S.C., 1985, c. C-8.