Pensions
Judicial review of decision by Pension Appeals Board granting leave to Minister of Human Resources and Social Development Canada to appeal decision of Review Tribunal granting applicant disability pension—Applicant submitting process by which Minister obtained leave unfair—Pension Appeals Board Rules of Procedure (Benefits), C.R.C., c. 390, s. 7 providing applications for leave shall be disposed of ex parte, unless Chairman directs otherwise—Leave provisions in s. 7 unusual in that applications for leave presumptively dealt with without notice to opposing party—Duty of full and frank disclosure on Minister in ex parte application for leave to appeal before senior member of Pension Appeals Board same as duty imposed on parties in other ex parte proceedings—In addition to duty to state case fairly Minister must inform member of facts, law favouring claimant—Written representations by Minister’s counsel to designated member omitting chiropractor’s opinion as to applicant’s employability—Not meeting standard of full, fair disclosure—Application allowed.
Layden v. Canada (Minister of Human Resources and Social Development) (T-1679-07, 2008 FC 619, judgment dated May 16, 2008, 15 pp.)