SA v Minister of Employment and Social Development

SA v Minister of Employment and Social Development

The General Division breached natural justice by scheduling the hearing at a time the claimant had warned would impair his ability to present his case; the Appeal Division allowed the appeal and remitted the matter to the General Division for a new afternoon hearing before a different member.

Citation
2021 SST 64
Parties
Appellant (claimant): S. A.; Respondent (minister): Minister of Employment and Social Development
Court
Social Security Tribunal of Canada
Jurisdiction
Canada
Judgment Date
12 February 2021
Procedural Posture
Canada Pension Plan Disability Appeal / Appeal Division Decision Remitting Case to General Division for Rehearing
Outcome
Leave to appeal granted; appeal allowed; matter returned to General Division for new hearing
Legal Topics
Natural Justice, Fairness of Hearing, Remedy Remittal, Canada Pension Plan Disability, Minimum Qualifying Period (mqp)
Source Language
English
Administrative Law Social Security Benefits Tribunal Procedure Employment Law Natural Justice Fairness of Hearing Remedy Remittal Canada Pension Plan Disability +1 more

Case Brief

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Parties

S. A.

Appellant (claimant)

Minister of Employment and Social Development

Respondent (minister)

Procedural Posture

Canada Pension Plan Disability Appeal / Appeal Division Decision Remitting Case to General Division for Rehearing

Legal Issues

  1. 1 Whether the General Division breached natural justice by scheduling the hearing at a time when the claimant warned he would be impaired by medication
  2. 2 Whether the claimant was unfairly disadvantaged and unable to present his best case due to effects of medical marijuana at the scheduled time
  3. 3 Appropriate remedy where procedural unfairness occurred

Ratio Decidendi

The General Division breached natural justice by scheduling the hearing at a time the claimant had warned would impair his ability to present his case; the Appeal Division allowed the appeal and remitted the matter to the General Division for a new afternoon hearing before a different member.

Court Disposition

Leave to appeal granted; appeal allowed; matter returned to General Division for new hearing

Orders

  • Leave to appeal granted
  • Appeal allowed