PENSIONS |
Leskiw v. Canada (Attorney General)
T-211-01
2003 FCT 582, Snider J.
9/5/03
12 pp.
Judicial review of HRDC official's decision applicant had not received erroneous advice from HRDC officials as to entitlement to retroactive payment of benefits of one year--In May 2000, applicant applied for Canada Pension Plan (CPP) retirement benefits--In June 2000, applicant wrote to HRDC requesting retroactive payment of benefits to May 1999-- When request denied, applicant appealed to CPP Review Tribunal, mentioning erroneous advice received from HRDC officials--Independently of Review Tribunal appeal, Account Analyst with Income Security Programs Branch of HRDC (official) determined applicant had not received erroneous advice--Issues: whether official had jurisdiction to consider request made to Review Tribunal as request to consider whether erroneous advice had been given to applicant pursuant to CPP, s. 66; whether official breached principles of natural justice by not advising applicant she was undertaking review pursuant to CPP, s. 66(4), and not allowing applicant opportunity to respond; whether official's decision patently unreasonable--Application dismissed--Official had jurisdiction to decide whether applicant denied benefit under CPP by reason of erroneous advice--No requirement in CPP, s. 66(4) that applicant request Minister to investigate claim of erroneous advice--As to second issue, procedure undertaken by official not determinative of applicant's appeal to CPP Review Tribunal--On facts, applicant aware could submit further information; afforded procedural fairness--Also, apparent from record that further submissions would not have changed conclusion not given erroneous advice--Finally, decision applicant had not received erroneous advice not patently unreasonable--Authors of allegedly erroneous advice never identified; contradictions in applicant's recollections of advice allegedly received from HRDC--Important to note that CPP, s. 66(4)(a) requiring that, as result of erroneous advice, applicant denied benefit to which would have been entitled to under CPP--Here, applicant not entitled to retroactive retirement benefits--Canada Pension Plan, R.S.C., 1985, c. C-8, s. 66 (as am. by S.C. 1991, c. 44, s. 17; 1995, c. 33, s. 31; 1997, c. 40, s. 80).