PENSIONS |
Cormier v. Canada (Minister of Human Resources Development)
A-681-01
2002 FCA 514, Evans J.A.
18/12/02
3 pp.
Judicial review of decision by Pension Appeals Board to dismiss appeal from Minister's refusal to pay death benefit following death of applicant's brother because benefit already paid to estate under Canada Pension Plan, s. 71(1)--Estate applied for benefit after expiry of statutorily prescribed period --Applicant arguing Minister not obliged, authorized to pay benefit to estate, but had discretion to pay death benefit to applicant--Minister's duty to pay death benefit to estate not ceasing after expiry of statutory time period--Failure of estate to apply within 60 days only triggering Minister's discretion under s. 71(2) to pay benefit to statutorily prescribed persons but not expunging duty to pay estate--If estate fails to apply within 60 days and Minister makes discretionary payment under s. 71(2), no longer liable to pay--Application dismissed--Canada Pension Plan, R.S.C., 1985, c. C-8, s. 71 (as am. by R.S.C., 1985 (2nd Supp.), c. 30, s. 40).