Date: 20021218
Docket: A-681-01
Neutral citation: 2002 FCA 514
CORAM: STRAYER J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
MOÏSE CLEOPHAS CORMIER
Appellant
and
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
Heard at Halifax, Nova Scotia, on December 18, 2002.
Judgment delivered from the Bench at Halifax, Nova Scotia, on December 18, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20021218
Docket: A-681-01
Neutral citation: 2002 FCA 514
CORAM: STRAYER J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
MOÏSE CLEOPHAS CORMIER
Appellant
and
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Halifax, Nova Scotia
on December 18, 2002.)
EVANS J.A.
[1] This is an application for judicial review of a decision by the Pension Appeals Board, dated September 11, 2001, to dismiss an appeal by Moïse Cormier against the Minister's refusal to pay him a death benefit following the death of his brother. The Minister had refused Mr. Cormier's request for the payment because she had already paid the benefit to the estate of Mr. Cormier's brother under subsection 71(1) of the Canada Pension Plan, R.S.C. 1985, c. C-8.
[2] Mr. Cormier alleges that the Board erred in law when it concluded that the Minister of Human Resources Development was authorized to pay a death benefit to the estate of his brother, even though the estate had applied for the benefit after the expiry of the statutorily prescribed period, that is, 60 days of the death of the contributor, Mr. Cormier's brother. Accordingly, Mr. Cormier argues, because the estate's application had been made outside the 60 days period, the Minister was no longer obliged or authorized to pay the benefit to the estate, and she had a statutory discretion to pay a death benefit to him as a prescribed person pursuant to paragraph 71(2)(b).
[3] In our opinion, Mr. Cormier's argument must fail. Contrary to his submissions, subsection 71(1) does not provide that the Minister's duty to pay a death benefit to the estate of the contributor ceases if the estate does not apply for it within 60 days of the contributor's death. The only effect of a failure by the estate to apply within 60 days of the death is to trigger the discretion exercisable by the Minister under subsection 71(2) to pay the benefit to statutorily prescribed persons, who do not include the estate of the contributor. The Minister's obligation to pay to the estate under subsection 71(1) continues, even if representatives of the estate do not apply for death benefit within the 60 days.
[4] However, if the estate does not apply within 60 days and the Minister makes a discretionary payment under subsection 71(2), she is no longer liable to pay the estate if it subsequently applies under subsection 71(1). This is because subsection 71(3) expressly so provides. The only statutory liability of the Minister to pay a death benefit is owed to the estate. If, as Mr. Cormier argues, the Minister is not liable to pay the estate if it does not apply within 60 days of the death of the contributor, subsection 71(3) would have been unnecessary.
[5] For these reasons, the application for judicial review will be dismissed.
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-681-01
STYLE OF CAUSE: Moise Cleophas Cormier v.
Minister of Human Resources Development
PLACE OF HEARING: Halifax, Nova Scotia
DATE OF HEARING: December 18, 2002
REASONS FOR JUDGMENT OF THE COURT BY: Evans, J.A.
DATED: December 18, 2002
APPEARANCES:
MOISE CLEOPHAS CORMIER FOR APPLICANT
ON HIS OWN BEHALF
ADRIAN JOSEPH FOR RESPONDENT
SOLICITORS OF RECORD:
MOISE CLEOPHAS CORMIER FOR APPLICANT
DARTMOUTH, NS ON HIS OWN BEHALF
DEPUTY ATTORNEY GENERAL OF CANADA FOR RESPONDENT
OTTAWA, ON
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