Docket: A-152-15
Citation: 2015 FCA 274
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CORAM:
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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
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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:
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STRATAS
J.A.
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Docket: A-152-15
Citation:
2015 FCA 274
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CORAM:
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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
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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"
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
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:
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JACQUELINE
MAUNDER v. THE ATTORNEY GENERAL OF CANADA
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PLACE OF
HEARING:
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Toronto, Ontario
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DATE OF
HEARING:
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November 30, 2015
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REASONS
FOR JUDGMENT OF THE COURT BY:
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STRATAS J.A.
RYER J.A.
GLEASON J.A.
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DELIVERED
FROM THE BENCH BY:
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STRATAS J.A.
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APPEARANCES:
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Alexandra Victoros
Bozena Kordasiewicz
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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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