Social Security Tribunal Denies Claimant's Request for Extension of Time

Citation: EM  v  [NAME] , 2026  [NAME]  276 Social Security Tribunal of Canada Appeal Division Extension of Time Decision Applicant: [redacted] Respondent: [redacted] Decision under appeal: General Division decision dated April 28, 2025 (GP-25-276) Tribunal member: [NAME] Decision date: February March  13, 2026 Corrigendum date: March 26, 2026 File number: AD-26-63 On this page Decision Overview Issue Analysis Conclusion Decision [ 1 ] I am refusing the Applicant an extension of time in which to apply for leave to appeal. This appeal will not be going forward. Overview [ 2 ] The Applicant was the common-law spouse of the late L. G., who passed away in June 2023. Later that month, the Applicant applied for the [NAME] ( [NAME] ) survivor’s and death benefits. Footnote 1 Service Canada, the Minister’s public facing agency, denied both applications. It said that L. G. hadn’t made enough [NAME] contributions to qualify the Applicant for either benefit. [ 3 ] The Applicant appealed the Minister’s denials to the Social Security Tribunal. He said that L. G. was unable to keep working and contributing to the [NAME] because she had disabilities and was a stay-at-home parent. [ 4 ] The Tribunal’s General Division held hearings by teleconference and dismissed the appeal. In a decision dated April 28, 2025, it found that L. G. had made valid [NAME] contributions in only five years, whereas the law required at least 10. [ 5 ] On January 29, 2026, the Applicant applied for leave, or permission, to appeal the General Division’s decision. Footnote 2 He said that it wasn’t fair for the government to deny him a modest sum for L. G.’s funeral while wasting money in other areas. He also said that he had originally sent the Tribunal a request for leave to appeal by registered mail on June 17, 2025. [ 6 ] On February 17, 2026, the Tribunal sent the Applicant a letter noting that his request for leave to appeal appeared to be late. It asked him to forward evidence supporting his claim that he had submitted a leave to appeal request within the statutory 90-day deadline. Footnote 3 [ 7 ] On March 4, 2026, the Applicant submitted a photocopy of a postal receipt dated June 17, 2025. Issue [ 8 ] I must decide whether the Applicant’s request for leave to appeal was filed on time and, if not, whether he had a reasonable explanation for being late. Analysis [ 9 ] An application for leave to appeal must be made to the Appeal Division within 90 days after the day on which the decision was communicated to the applicant. Footnote 4 The Appeal Division may allow further time within which an application for leave to appeal is to be made, but in no case may an application be made more than one year after the day on which the decision was communicated to the applicant. [ 10 ] In this case, the General Division issued its decision on April 28, 2025. That same day, it was sent by regular mail to the Applicant’s residential address in S., Alberta. However, the Tribunal did not receive the Applicant’s application for leave to appeal until January 29, 2026 — well after the 90-day filing deadline. [ 11 ] The Applicant insists that his application for leave to appeal wasn’t late. He says that he originally submitted one on June 17, 2025, within the 90-day deadline. He doesn’t say so directly, but he seems to be suggesting that the Tribunal lost or misplaced his original application. [ 12 ] When an application for leave to appeal is submitted late, the Tribunal may grant the applicant an extension of time if they have a reasonable explanation for the delay. Footnote 5 In deciding whether to grant an extension, the interests of justice must be served. Footnote 6 [ 13 ] Having reviewed the evidence, I find that the Applicant didn’t have a reasonable explanation for being late. [ 14 ] The Applicant submitted a receipt indicating that, on June 17, 2025, he paid for an item to be delivered by registered mail to an undisclosed address with the postal code [POSTCODE]. Footnote 7 That postal code, in Winnipeg, Manitoba, corresponds to a listed Service Canada address for [NAME] applications made from Manitoba, Saskatchewan, or Alberta. Footnote 8 [ 15 ] I can’t be sure what the Applicant mailed to Service Canada Manitoba on June 17, 2025. But I do know that, if it was an application for leave to appeal to the Tribunal’s Appeal Division, it was mailed to the wrong address. When the Applicant received the General Division’s decision, it was accompanied by a cover letter that explained how to apply for leave to appeal from the Appeal Division. Atop the cover letter was the mailing address for the Social Security Tribunal : PO Box 9812, Station T, Ottawa ON [POSTCODE]. [ 16 ] It appears that the Applicant sent his original application requesting leave to appeal to Service Canada, rather than the Social Security Tribunal. Under the circumstances, I don’t find that a reasonable explanation for his application being late. I note that the Applicant had previously managed to submit his notice of appeal to the General Division on time and to the correct address. I also note that, after submitting his original request for leave to appeal, the Applicant made no apparent attempt to follow it up for seven months. [ 17 ] I am also satisfied that no injustice will be done by ending this matter now. The Applicant’s reasons for appealing do little more than repeat many of the same arguments he made at the General Division. They amount to a complaint that he didn’t get his desired result, but that by itself is not enough to obtain leave to appeal under the law. Instead, an applicant must either provide new evidence that is relevant to the benefit being claimed or identify specific errors that the General Division made in coming to its decision. Footnote 9 [ 18 ] In this case, the Applicant did neither. Furthermore, having reviewed the record, I don’t see how the General Division erred in finding that L. G.’s [NAME] contributions fell short of the minimum required to qualify the Applicant for the death and survivor’s benefits. Conclusion [ 19 ] I am refusing the Applicant an extension of time in which to apply for leave to appeal. This means the appeal will not proceed. Footnotes Footnote 1 See the Applicant’s applications for the [NAME] death benefit (GD2-3) and survivor’s pension (GD2-8), both date stamped June 29, 2023. Return to footnote 1 referrer Footnote 2 See the Applicant’s application for leave to appeal to the Appeal Division date stamped January 29, 2026, AD1. Return to footnote 2 referrer Footnote 3 See the Tribunal’s letter dated February 17, 2026, AD2. Return to footnote 3 referrer Footnote 4 See section 57(1)(b) of the  Department of Employment and Social Development Act ( DESDA ). Return to footnote 4 referrer Footnote 5 See section 27 of the Social Security Tribunal Rules of Procedure . Return to footnote 5 referrer Footnote 6 See Canada (Attorney General)  v  Larkman , 2012  FCA  204. Return to footnote 6 referrer Footnote 7 See Canada Post receipt dated June 17, 2025, AD1B-2. Return to footnote 7 referrer Footnote 8 This postal code is on correspondence that the Applicant received from Service Canada — see, for example, its reconsideration decision letter dated September 9, 2024, GD2-24. Return to footnote 8 referrer Footnote 9 The grounds of appeal are set out in section 58.1 of the DESDA . Return to footnote 9 referrer