Federal Appeal


Federal and provincial pension plans

Federal pension plans

Tribunal was not entitled to dismiss matter on merits without oral hearing

Appellant R claimed entitlement to disability-related benefits. R applied to Federal Court for relief, with application being dismissed. R also filed for judicial review of tribunal decision, finding that proper identification had not been made by R. R brought appeal and judicial review before appeals court. Appeal and judicial review dismissed. Appeal tribunal could have determined application for judicial review differently. Tribunal was not entitled to dismiss matter on merits without oral hearing, because of decision of appeal court. However, sending matter back for reconsideration would have no effect on outcome. R did have opportunity to make submissions. R conceded he would have largely reiterated written submissions at oral hearing.

Robbins v. Canada (Attorney General) (2017), 2017 CarswellNat 405, 2017 FCA 24, David Stratas J.A., Webb J.A., and Scott J.A. (F.C.A.); affirmed (2014), 2014 CarswellNat 2463, 2014 CarswellNat 3438, 2014 FC 689, 2014 CF 689, John A. O’Keefe J. (F.C.).

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