All grounds in application for leave to appeal were live once leave was granted

Federal appeal | Pensions | Federal and provincial pension plans | Federal pension plans

Social Security Tribunal General Division denied applicant’s claim for disability benefits because disability was insufficiently severe. Social Security Tribunal Appeal Division dismissed applicant’s appeal. Applicant brought application for judicial review on ground that Appeal Division considered only some grounds advanced in application for leave to appeal. Application granted. Matter was remitted to different member of Appeal Division to determine all issues raised in application for leave to appeal. As merit-based challenge to Appeal Division’s conduct of appeal, application was properly before this court. Section 58 of Department of Employment and Social Development Act suggested that all grounds in application for leave to appeal were live once leave was granted. Appeal Division’s decision was unreasonable. Appeal Division took position that was opposite of fundamental orderings when it stated that s. 58(2) of Act did not prevent Appeal Division from choosing among grounds of appeal and that Parliament should have specifically said something in legislation if it disagreed. Appeal Division should have considered and determined all grounds raised in application for leave to appeal as long as they fell within categories in s. 58(1) of Act.

Hillier v. Canada (Attorney General) (2019), 2019 CarswellNat 563, 2019 FCA 44, Johanne Gauthier J.A., David Stratas J.A., and Donald J. Rennie J.A. (F.C.A.).

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