Date: 20021212
Docket: A-355-01
Neutral citation: 2002 FCA 495
CORAM: STONE J.A.
BETWEEN:
GAETANO CASASANTA
Applicant
- and -
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
Heard at Toronto, Ontario, on Wednesday, December 11th, 2002.
Judgment delivered from the Bench at Toronto, Ontario,
on Wednesday, December 11th, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: MALONE, J.A.
Date: 20021212
Docket: A-355-01
Neutral citation: 2002 FCA 495
CORAM: STONE J.A.
BETWEEN:
GAETANO CASASANTA
Applicant
- and -
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario,
on Wednesday, December 11th, 2002.)
MALONE, J.A.
[1] The applicant seeks judicial review of a negative decision of the Pension Appeals Board (the Board) rendered on May 2, 2001 relating to a disability pension. The uncontradicted evidence of the applicant, as set out in his affidavit in support of his application for judicial review, is that on the date of the hearing before the Board, he was affected by pain medications to the extent that he was unable to follow the proceedings. He also has difficulty with English, his first language being Italian, was self represented and thus was unfamiliar with the procedures.
[2] There is no reason to believe that the Board was aware of any these difficulties. He did not advise the Board of these problems, nor did he ask for an adjournment. However, we are all of the view that in these highly unusual circumstances, and without ascribing any fault to the Board, the applicant cannot be said to have had a fair hearing.
[3] For that reason, we will allow this application for judicial review with costs, set aside the decision of the Board, and refer the matter back to the Board for redetermination by a newly constituted panel. The new panel is directed to consider whether an interpreter will be required.
"B. Malone"
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: A-355-01
STYLE OF CAUSE: GAETANO CASASANTA
Applicant
- AND -
MINISTER OF HUMAN RESOURCES
DEVELOPMENT
Respondent
DATE OF HEARING: WEDNESDAY, DECEMBER 11, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: MALONE, J.A.
DATED: THURSDAY, DECEMBER 12, 2002
JUDGMENT DELIVERED FROM THE BENCH ON WEDNESDAY, DECEMBER 11, 2002.
APPEARANCES BY: Mr. Gaetano Casasanta
For the Applicant on his own behalf
Ms. Mary Tobin Oates
For the Respondent
SOLICITORS OF RECORD: Mr. Gaetano Casasanta
For the Applicant on his own behalf
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent