Application for judicial review struck as applicant already granted hearing de novo

Federal appeal | Pensions | Federal and provincial pension plans

General Division of Social Security Tribunal (GD) determined that applicant was not eligible for CPP disability benefits. Appeal Division of Social Security Tribunal (AD) allowed leave to appeal but determined that ground alleging erroneous finding of fact had no reasonable chance of success, that AD could not consider new evidence prepared after hearing before GD, that leave decision had restricted grounds of appeal to five errors of law, and that applicant’s appeal succeeded on grounds that GD erred in law and referred matter back to GD for de novo hearing. Applicant brought application for judicial review of AD’s analysis of scope of appeal. Crown brought motion to strike application. Motion granted; application dismissed. Whether applicant’s appeal was inappropriately limited would have no bearing on ultimate entitlement to benefits as applicant was already granted hearing de novo before GD. Issue of whether AD had authority to limit scope of appeal was purely academic. It was preferable to determine issue in genuine adversarial context. In light of referral back, lack of live controversy between parties that would affect applicant’s entitlement to benefits, and academic nature of relief sought, matter was moot and it would be uneconomical use of judicial resources to allow application to proceed.
Cardin v. Canada (Attorney General) (2017), 2017 CarswellNat 3441, 2017 FCA 150, Wyman W. Webb J.A., David G. Near J.A., and Donald J. Rennie J.A. (F.C.A.).

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