Lazar v. Canada ( Attorney General )
T-1440-98
Evans J.
21/4/99
9 pp.
Judicial review of decisions applicant no longer eligible to receive long-term disability benefits, ministerial reconsideration of decision-In 1987 applicant awarded long-term disability pension under Canada Pension Plan-In 1995 Human Resources Development Canada commencing review of file to ensure still eligible to receive disability benefits-In 1998 applicant notified ceased to be eligible for disability benefits in 1989, liable to repay in excess of $50,000 in benefits-File reconsidered, initial decision affirmed-Application dismissed-That applicant out of time to exercise statutory right of appeal to administrative tribunal or court not necessarily rendering remedy inadequate: Adams v. British Columbia (Workers' Compensation Board) (1989), 42 B.C.L.R. (2d) 228 (C.A.)-Anomalous if, by simple expedient of failing to appeal in time, applicant able to avoid having to use statutory right of appeal before invoking Court's supervisory jurisdiction-That neither Review Tribunal nor Pension Appeals Board having jurisdiction to set aside applicant's indebtedness to Crown insufficient to render rights of appeal inadequate alternative remedies to applications for judicial review-As issue of statutory interpretation raised by applicant within tribunals' specialized jurisdiction, judicial review not appropriate until Review Tribunal, Pension Appeals Board having opportunity to consider question-Statutory jurisdiction of Review Tribunal, Pension Appeals Board "to determine any question of law" relating to whether benefit payable (Canada Pension Plan, s. 84(1)) broad enough to enable them to hear, decide Charter challenges to validity of enabling legislation, or any questions of common law relating to procedural fairness of decision-making process, relevant to appellant's entitlement to pension-Canada Pension Plan, R.S.C., 1985, c. C-8, s. 84(1) (as am. by R.S.C., 1985 (2nd Supp.), c. 30, s. 45; S.C. 1990, c. 8, s. 46).