PENSION |
Meyer v. Canada
A-51-02
2003 FCA 107, Rothstein J.A
28/2/03
4 pp.
Judicial review of Canada Pension Appeals Board decision--Applicant's mother died in 1998 never having applied for pension benefits--Applicant, in capacity as executrix of her mother's estate, applied for pension benefits shortly after her mother's death--Canada Pension Plan, s. 67(3) applying to application for pension benefits made by estates; limitation of twelve month's retroactivity of benefits applicable in present case--Reference to French version makes it clear that s. 67(3) applying to broader category of applicants as defined in s. 2(1), to estates as well as to living persons--Interpretation of s. 67(3) as including applications by estates avoiding absurd result--To read legislation as conferring on survivors or beneficiaries of estate access to greater benefits than living contributors would be patently absurd--Application dismissed--Canada Pension Plan, R.S.C., 1985, c. C-8, s. 2(1) "applicant" (as am. by R.S.C., 1985 (2nd Supp.), c. 30, s. 1), 67(3) (as am. by S.C. 1995, c. 33, s. 32).