Pincombe v. Canada ( Attorney General )
A-675-94
Isaac C.J.
5/10/95
4 pp.
Application for judicial review of Pension Appeal Board's conclusion Review Committee had jurisdiction to review and vary Minister of National Health and Welfare's decision made under Canada Pension Plan, s. 66(4)-In 1990, applicant applied for disability benefits, noting that in application to Minister in 1981 and 1982, had been given erroneous advice by departmental officials respecting eligibility for benefits-Minister investigated and concluded allegation of erroneous advice unfounded-On appeal to Review Committee, majority found (1) it had jurisdiction to entertain appeal, (2) Minister wrong on question of erroneous advice and in refusing benefits-Committee consequently ordered disability benefits be paid to applicant from April 1982, date of erroneous advice-Board allowed appeal from decision of Committee on ground neither Committee nor Board had jurisdiction to entertain appeals-Application dismissed-No provision in statute for appeals to Committee and for right of Committee to entertain appeal from Minister's decision under s. 66(4), which rights must be expressly given by statute-However, Minister still subject to review before Federal Court Trial Division-Canada Pension Plan, R.S.C., 1985, c. C-8, s. 66(4) (as enacted by S.C. 1991, c. 14, s. 1).