PENSIONS |
Canada (Minister of Human Resources Development) v. Tucker
A-335-02
2003 FCA 278
23/6/03
8 pp.
Appeal from Trial Division decision ((2002), 219 F.T.R. 38) dismissing application for judicial review of Canada Pension Plan Review Tribunal decision determining it had jurisdiction to hear appeal from Minister's decision not to remit overpayments made under Old Age Security Act, s. 37(4)(d), and allowing appeal--Overpayment due to alleged erroneous advice given by Department employees i.e. no need to report provincial pension in statement of income--Act, s. 37(4)(d) empowering Minister, where overpayment resulting from erroneous advice, to remit all or any portion of overpayment--Minister declined to do so--Minister arguing no appeal of such decision to Review Tribunal--Appeal allowed--Pincombe v. Canada (Attorney General) (1995), 189 N.R. 197 (F.C.A.) determined, in similar circumstances and based on equivalent provisions of Canada Pension Plan, Plan provided no jurisdiction to Review Committee (now Review Tribunal) to hear appeal--Right to entertain appeal must be expressly given by statute--Not case herein-- Decisions as to forgiveness of overpayment made as result of erroneous advice simply not decision "respecting amount of any benefit that may be paid to that person" within meaning of Act, s. 27.1(1), for which appeal lies--Trial Division Judge therefore erred in declining to apply Pincombe--As proceedings undertook for purpose of enabling Minister to obtain present ruling as to jurisdiction of Review Tribunal, respondent entitled to reimbursement of disbursements, fixed at $500--Minister undertook to reconsider remission on ground would be hardship to respondent to repay, indicating likely respondent would not have to reimburse overpayments --Old Age Security Act, R.S.C., 1985, c. 0-9, ss. 27.1(1) (as enacted by S.C. 1995, c. 33, s. 16; 1997, c. 40, s. 100), 37(4)(d) (as am. by S.C. 1995, c. 33, s. 23)--Canada Pension Plan, R.S.C., 1985, c. C-8.