Federal Court

Administrative Law

No doubt that DVD recording was electronic document

Applicant served in Canada Forces. Board confirmed decision to grant applicant two-fifths award for adjustment disorder with mixed mood from aggravated pre-existing medical condition. Application for judicial review was allowed. Rules of procedural fairness were not followed. Board misinterpreted its rules by refusing to allow applicant opportunity to present DVD recording of alleged harassment. There was no doubt that DVD recording was electronic document. Applicant was denied fair opportunity to make arguments. Viewing of video recording could have had impact on awarding of disability pension. Doctor’s report was not on record on which board based decision and report was key element with respect to statutory presumptions concerning applicant.

Grenier c. Canada (Procureur général) (Feb. 28, 2013, F.C., Sean Harrington J., File No. T-1961-11) 231 A.C.W.S. (3d) 399.

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