Appeal Dismissed for Being Too Late - CPP Disability Case
📌 In brief
The Social Security Tribunal dismissed an appeal because it was filed more than a year after the reconsideration decision. The appellant did not meet the requirement to file the appeal within 90 days of receiving the decision.
⚖️ Legal holding
An appellant must file an appeal within 90 days of receiving the reconsideration decision.
📖 Technical summary
The appeal was dismissed as untimely.
📜 Headnote Official document
The Social Security Tribunal dismissed an appeal as untimely, finding that the appellant failed to file the appeal within the required 90-day period following the reconsideration decision.
📚 Full judgment Official document
Citation: [NAME] v [NAME] , 2026 [NAME] 318 Social Security Tribunal of Canada General Division – Income Security Section Decision Appellant: [redacted] Respondent: [redacted] Decision under appeal: [NAME] reconsideration decision dated December 23, 2024, (issued by Service Canada) Tribunal member: [NAME] Decision date: April 26, 2026 File number: GP-26-782 On this page Decision Overview What I have to decide Reasons for my decision Conclusion Decision [ 1 ] The appeal won’t go ahead. This decision explains why. Overview [ 2 ] The Appellant applied for a disability pension on December 19, 2023. The [NAME] (Minister) refused his application. He asked it to reconsider. On December 23, 2024, the Minister reconsidered its decision and refused the application again. [ 3 ] The Appellant appealed the reconsideration decision to the Social Security Tribunal (Tribunal) on March 23, 2026. What I have to decide [ 4 ] I have to decide whether the Appellant appealed in time. Reasons for my decision [ 5 ] The appeal won’t go ahead because the Appellant didn’t appeal to the Tribunal in time. Here are the reasons for my decision. What the law says [ 6 ] If an appellant disagrees with the Minister’s reconsideration decision, they have to appeal to the Tribunal within 90 days after the Minister told them about the decision. Footnote 1 [ 7 ] If the appellant appeals after the deadline, the Tribunal can give them more time (accept the late appeal). But in no case can the appellant appeal a reconsideration decision more than one year after the Minister told them about it. Footnote 2 The Appellant’s appeal was more than one year late [ 8 ] I find that the Appellant’s appeal was more than one year late. The Minister told the Appellant about its decision on December 23, 2024 [ 9 ] The Minister told the Appellant about its reconsideration decision on December 23, 2024. The Appellant confirmed this date in his Notice of Appeal. Footnote 3 The Appellant had to appeal by December 23, 2025 [ 10 ] The Appellant had until December 23, 2025, to appeal to the Tribunal. [ 11 ] The Appellant appealed on March 23, 2026. [ 12 ] The Tribunal doesn’t have equitable jurisdiction. This means I can’t allow the appeal to go ahead because I think it would be fair, or because I want to help the Appellant in difficult circumstances. I have to follow the law. Conclusion [ 13 ] The Appellant appealed more than one year after the Minister told him about its decision. [ 14 ] This means the appeal won’t go ahead. Footnotes Footnote 1 See section 52(1) of the Department of Employment and Social Development Act ( DESD Act). Return to footnote 1 referrer Footnote 2 See section 52(2) of the DESD Act. Return to footnote 2 referrer Footnote 3 See GD1-5. Return to footnote 3 referrer
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The appellant's appeal was filed more than one year after the Minister's decision.
- The Minister informed the appellant of its reconsideration decision on December 23, 2024.
- The appellant confirmed the date of the Minister's decision in their Notice of Appeal.
- The deadline for the appellant to file the appeal was December 23, 2025.
- The Tribunal lacks the power to allow an appeal based on fairness or difficult circumstances.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The appeal was dismissed because it was filed more than a year after the reconsideration decision.
What was the dispute about?
The dispute was about the eligibility for a disability pension under the CPP Disability program.
How did the court decide, and why?
The court decided to dismiss the appeal because the appellant did not file the appeal within the required timeframe.
Which laws or rules were applied?
The Department of Employment and Social Development Act, sections 52(1) and 52(2) were applied.
What was the argument that mattered most?
The most important argument was that the appeal was filed more than a year after the reconsideration decision.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure their appeal is filed within the required timeframe to avoid having their appeal dismissed.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents that mattered.