General Division did not refuse to hear applicant’s representative because he was not duly licenced as paralegal

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

Procedural fairness. Applicant’s application for Canada Pension Plan (CPP) disability benefits was dismissed. General Division of Social Security Tribunal dismissed applicant’s appeal after oral hearing on basis that applicant failed to prove that his disability was severe and precluded him from all gainful employment. Appeal Division of Social Security Tribunal dismissed appeal on ground that General Division did not refuse to hear applicant’s representative because he was not duly licenced as paralegal. Applicant brought application for judicial review. Application dismissed. Appeal Division did not make reviewable error in concluding that General Division did not refuse to hear representative and that representative was allowed to represent applicant during hearing.

Fontaine v. Canada (Attorney General) (2018), 2018 CarswellNat 3430, 2018 CarswellNat 3431, 2018 FCA 90, 2018 CAF 90, J.D. Denis Pelletier J.A., Johanne Gauthier J.A., and Yves de Montigny J.A. (F.C.A.).

Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Working from home not so popular with Law Times readers

Recent cases highlight issues with arbitration in Ontario

AG appoints Marie Hubbard as interim associate chairwoman of LPAT

Juristes Power Law welcomes new lawyer

International group of firms help secure new home for Peppa Pig

Appeal shows power of physical exhibits in IP, says lawyer

Most Read Articles

Law Society of Ontario names new equity and Indigenous affairs committee members

Law professor Ryan Alford granted standing in national security law challenge

Amid enactment of sweeping law enforcement Bill C-75, LSO seeks status quo for students, paralegals

LSO must stand up for racialized licensees, says prospective returning bencher