JACQUELINE MAUNDER Applicant v. THE ATTORNEY, 2015 FCA 274

Date: 20151130 Docket: A-152-15 Citation: 2015 FCA 274 CORAM: STRATAS J.A. RYER J.A. GLEASON J.A. BETWEEN: JACQUELINE MAUNDER Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario, on November 30, 2015. Judgment delivered from the Bench at Toronto, Ontario, on November 30, 2015. REASONS FOR JUDGMENT OF THE COURT BY: STRATAS J.A. Date: 20151130 Docket: A-152-15 Citation: 2015 FCA 274 CORAM: STRATAS J.A. RYER J.A. GLEASON J.A.

BETWEEN: JACQUELINE MAUNDER Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on November 30, 2015). STRATAS J.A. [ 1 ] This is an application for judicial review from the decision dated February 24, 2015 of the Social Security Tribunal – Appeal Division (Appeal no. AD-14-620). [ 2 ] The parties agree that the application should be allowed and the matter remitted to the Appeal Division for redetermination. The Appeal Division refused Ms.

Maunder’s representative the opportunity she requested to respond to the submissions filed by the Minister of Employment and Social Development Canada. It made its decision on the written record without notice and before Ms. Maunder’s representative had received the Minister’s submissions. [ 3 ] In our view, the remaining issues in the judicial review are moot. In particular, it is unnecessary for us to consider the issue of the standard of review to be applied by the Appeal Division to decisions of the General Division. This Court’s decision in Canada

(Attorney General) v. Jean , 2015 FCA 242 will assist the Appeal Division in its decision, as might other pending applications and appeals in this Court. [ 4 ] Therefore, we will allow the application for judicial review and refer this matter back to the Appeal Division for redetermination by a different member after receipt of all necessary submissions. The respondent does not seek her costs and so none shall be awarded. [ 5 ] In light of the substantial delay to date, we would strongly encourage the Appeal Division to conduct this redetermination as soon as practicable. "David Stratas" J.A.

FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-152-15 APPEAL FROM A DECISION OF THE SOCIAL SECURITY TRIBUNAL – APPEAL DIVISION, DATED FEBRUARY 24, 2015, Appeal nUMBER AD-14-620 STYLE OF CAUSE: JACQUELINE MAUNDER v. THE ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: November 30, 2015 REASONS FOR JUDGMENT OF THE COURT BY: STRATAS J.A. RYER J.A. GLEASON J.A. DELIVERED FROM THE BENCH BY: STRATAS J.A.

APPEARANCES : Alexandra Victoros Bozena Kordasiewicz For The Applicant Vanessa Luna For The Respondent SOLICITORS OF RECORD : Dietrich Law Barristers and Solicitors Kitchener, Ontario For The Applicant William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario For The Respondent