Date: 20151130
Docket: A-152-15
Citation: 2015 FCA 274
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CORAM: |
STRATAS J.A. RYER J.A. GLEASON J.A.
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BETWEEN: |
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JACQUELINE MAUNDER |
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Applicant |
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and |
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THE ATTORNEY GENERAL OF CANADA |
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Respondent |
Heard at Toronto, Ontario, on November 30, 2015.
Judgment delivered from the Bench at Toronto, Ontario, on November 30, 2015.
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REASONS FOR JUDGMENT OF THE COURT BY: |
STRATAS J.A. |
Date: 20151130
Docket: A-152-15
Citation: 2015 FCA 274
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CORAM: |
STRATAS J.A. RYER J.A. GLEASON J.A.
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BETWEEN: |
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JACQUELINE MAUNDER |
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Applicant |
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and |
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THE ATTORNEY GENERAL OF CANADA |
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Respondent |
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on November 30, 2015).
STRATAS J.A.
[1] This is an application for judicial review from the decision dated February 24, 2015 of the Social Security Tribunal – Appeal Division (Appeal no. AD-14-620).
[2] The parties agree that the application should be allowed and the matter remitted to the Appeal Division for redetermination. The Appeal Division refused Ms. Maunder’s representative the opportunity she requested to respond to the submissions filed by the Minister of Employment and Social Development Canada. It made its decision on the written record without notice and before Ms. Maunder’s representative had received the Minister’s submissions.
[3] In our view, the remaining issues in the judicial review are moot. In particular, it is unnecessary for us to consider the issue of the standard of review to be applied by the Appeal Division to decisions of the General Division. This Court’s decision in Canada (Attorney General) v. Jean, 2015 FCA 242 will assist the Appeal Division in its decision, as might other pending applications and appeals in this Court.
[4] Therefore, we will allow the application for judicial review and refer this matter back to the Appeal Division for redetermination by a different member after receipt of all necessary submissions. The respondent does not seek her costs and so none shall be awarded.
[5] In light of the substantial delay to date, we would strongly encourage the Appeal Division to conduct this redetermination as soon as practicable.
"David Stratas"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
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Docket: |
A-152-15 |
APPEAL FROM A DECISION OF THE SOCIAL SECURITY TRIBUNAL – APPEAL DIVISION, DATED FEBRUARY 24, 2015, Appeal nUMBER AD-14-620
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STYLE OF CAUSE: |
JACQUELINE MAUNDER v. THE ATTORNEY GENERAL OF CANADA
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PLACE OF HEARING: |
Toronto, Ontario
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DATE OF HEARING: |
November 30, 2015
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REASONS FOR JUDGMENT OF THE COURT BY: |
STRATAS J.A. RYER J.A. GLEASON J.A.
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DELIVERED FROM THE BENCH BY: |
STRATAS J.A. |
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APPEARANCES:
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Alexandra Victoros Bozena Kordasiewicz |
For The Applicant
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Vanessa Luna
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For The Respondent
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SOLICITORS OF RECORD:
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Dietrich Law Barristers and Solicitors Kitchener, Ontario
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For The Applicant
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William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario
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For The Respondent
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