Pensions
Judicial review of decision by Commissioner of Review Tribunals granting respondent extension to 90-day delay provided by Canada Pension Plan, R.S.C., 1985, c. C-8, s. 82 for appealing Minister’s decision confirming decision to deny application for disability benefits—Commissioner granting request to extend appeal deadline, based on respondent’s account of affliction with chronic pathological anxiety disorder—For Court to exercise jurisdiction, decision subject to judicial review must contain enough to enable parties to assess possible grounds of review—Commissioner should at least adopt practice of stating test applied (for assessing extension request) by simply referring to decision in which articulated, such as Canada (Attorney General) v. Pentney, [2008] 4 F.C.R. 265 (F.C.)—To require Commissioner to adopt such practice in line with extent of duty to provide reasons, as not imposing unreasonable administrative burden on Commissioner, constituting bare minimum necessary for Court to exercise jurisdiction on judicial review—No evidence Commissioner applied test herein—However, interests of justice better served if respondent’s appeal allowed to proceed—Application dismissed.
Canada (Attorney General) v. Blondahl (T-1426-06, 2009 FC 118, Gauthier J., order dated February 4, 2009, 13 pp.)