Maunder v. Canada (Attorney General)

Maunder v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2015-11-30
Neutral citation
2015 FCA 274
File numbers
A-152-15
Decision Content
Date: 20151130
Docket: A-152-15
Citation: 2015 FCA 274
CORAM:
STRATAS J.A.
RYER J.A.
GLEASON J.A.
BETWEEN:
JACQUELINE MAUNDER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Toronto, Ontario, on November 30, 2015.
Judgment delivered from the Bench at Toronto, Ontario, on November 30, 2015.
REASONS FOR JUDGMENT OF THE COURT BY:
STRATAS J.A.
Date: 20151130
Docket: A-152-15
Citation: 2015 FCA 274
CORAM:
STRATAS J.A.
RYER J.A.
GLEASON J.A.
BETWEEN:
JACQUELINE MAUNDER
Applicant
and
THE ATTORNEY GENERAL OF CANADA
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
Docket:
A-152-15
APPEAL FROM A DECISION OF THE SOCIAL SECURITY TRIBUNAL – APPEAL DIVISION, DATED FEBRUARY 24, 2015, Appeal nUMBER AD-14-620
STYLE OF CAUSE:
JACQUELINE MAUNDER v. THE ATTORNEY GENERAL OF CANADA
PLACE OF HEARING:
Toronto, Ontario
DATE OF HEARING:
November 30, 2015
REASONS FOR JUDGMENT OF THE COURT BY:
STRATAS J.A.
RYER J.A.
GLEASON J.A.
DELIVERED FROM THE BENCH BY:
STRATAS J.A.
APPEARANCES:
Alexandra Victoros
Bozena Kordasiewicz
For The Applicant
Vanessa Luna
For The Respondent
SOLICITORS OF RECORD:
Dietrich Law
Barristers and Solicitors
Kitchener, Ontario
For The Applicant
William F. Pentney
Deputy Attorney General of Canada
Ottawa, Ontario
For The Respondent