Requirements for Minister’s discretion to grant requests for reconsideration were mandatory as result of codification

Applicant’s Canada Pension Plan (CPP) disability pension claim was denied. When workers’ compensation board overturned its decision and decided applicant was entitled to benefits, applicant made CPP reconsideration request outside statutory time period. Medical adjudicator denied reconsideration request because several factors under s. 74.2 of Canada Pension Plan Regulations were not satisfied. Applicant unsuccessfully appealed to Social Security Tribunal General Division, which upheld medical adjudicator’s decision on record. Applicant’s request for leave to appeal to Social Security Tribunal Appeal Division was denied for reason that applicant’s appeal had no reasonable chance of success. Applicant brought application for judicial review. Application granted. Appeal division correctly interpreted s. 74.1 of Regulations to mean four requirements for Minister’s discretion to grant requests for reconsideration were mandatory as result of codification. Appeal division unreasonably decided that applicant had no reasonable chance of success on appeal without conducting assessment of this issue. Appeal division did not conduct assessment of applicant’s argument that general division failed to observe requirements of natural justice by deciding matter on record instead of holding oral hearing. As decision makers found two conjunctive factors were made out, and appeal division’s decision regarding two other factors was unreasonable, decision to deny leave to appeal was not reasonable.

Lazure v. Canada (Attorney General) (2018), 2018 CarswellNat 2151, 2018 CarswellNat 2795, 2018 FC 467, 2018 CF 467, Glennys L. McVeigh J. (F.C.).