Application to rescind was made long after one-year limitation period

Pensions - Federal and provincial pension plans - Federal pension plans

Applicant’s application for Canada Pension Plan disability benefit was denied on basis that he had established severe and prolonged disability within minimum qualifying period . Applicant’s appeals to Review Tribunal and Pensions Appeals Board were dismissed. Applicant’s application to reopen Board’s decision based on new medical reports was dismissed. Applicant’s application to Appeal Division of Social Security Tribunal to rescind or amend Board’s decisions based on medical reports was dismissed. Applicant brought application for judicial review. Application dismissed. Appeal Division’s decision was reasonable and did not give rise to reviewable error. Application to rescind was made long after one-year limitation period established by s. 66(2) of Department of Employment and Social Development Act and there was no discretion under Act to waive or amend limitation period.

Maclean v. Canada (Attorney General) (2019), 2019 CarswellNat 6013, 2019 FCA 277, Wyman W. Webb J.A., D.G. Near J.A., and J.B. Laskin J.A. (F.C.A.).

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