PENSIONS |
Canada (Minister of Human Resources Development) v. Dublin (Estate)
T-864-03
2004 FC 1184, von Finckenstein J.
30/8/04
6 pp.
Judicial review of Review Tribunal's (Tribunal) decision allowing respondent (husband acting as executor of wife's estate) to file application for post-mortem Old Age Security benefits (benefits) more than one year after wife's death--Old Age Security Act, s. 29 providing application for benefit may be made within one year after person's death by estate-- Meaning of "may" or "peuvent" in s. 29--S. 29 general provision designed to allow estate or heir of individual eligible for benefits opportunity to make application for those benefits within limited period of time after death--Clear such benefits may only be paid if application made within one year of death --Terms "may" or "peuvent" clearly refer only to whether or not benefits will be paid--Authorizing when application may be made, but not implying Minister has discretion to consider applications made more than one year after potential recipient's death--Tribunal erred in concluding s. 29 ambiguous --Unique circumstances in that wife knew nothing of background, age until days before death--Required considerable time, effort to locate relatives based on 50-year-old street address--Minister would be fully justified to exercise authority to make ex gratia payment in this case-- Application allowed--Old Age Security Act, R.S.C, 1985, c. O-9, s. 29.