Fazal v. Canada (Attorney General), 2016 FC 487

Date: 20160502

Docket: T-1328-15

Citation: 2016 FC 487

Vancouver, British Columbia, May 2, 2016

PRESENT:    The Honourable Mr. Justice Hughes

JUDGMENT AND REASONS

[1]               This is an application for judicial review of a decision of a Member of the Appeal Division of the Social Security Tribunal Appeal Division (SST-AD) dated July 9, 2015 refusing leave to appeal a decision of the General Division of the Social Security Tribunal (SST-GD).

[2]               The Ground for refusing to grant leave was that subsection 57(2) of the Department of Employment and Social Development Act, SC 2005, c. 34 [Act] does not permit an application to be made more than one year after the day on which the decision is communicated to the appellant.

[3]               It is clear that the application for leave was filed more than one year after the date that the decision was communicated to the appellant. The Act does not permit any discretion to be applied. On the standard of correctness the decision was correct.

[4]               Even if the Act permitted discretion, it was reasonable, if that were the standard to be applied, not to grant an extension. The evidence provided was simply that the Applicant had an undisclosed medical condition that, in the doctor’s opinion, prevented him from pursuing the application at the time. It was reasonable to determine that this evidence was insufficient.

[5]               At the hearing before me, the Applicant tendered two further doctor’s letters as to his medical condition. The Respondent did not object. These letters were not before the SST-AD, and cannot be considered by the Court on judicial review.

[6]               The Respondent did not ask for costs.

JUDGMENT

THIS COURT’S JUDGMENT is that the application is dismissed.

"Roger T. Hughes"

FEDERAL COURT

SOLICITORS OF RECORD

APPEARANCES:

SOLICITORS OF RECORD: