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.).

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