Unreasonable to find letter filed in support of reconsideration did not meet due diligence test

Federal court | Crown

ARMED FORCES

Unreasonable to find letter filed in support of reconsideration did not meet due diligence test

Applicant served in Regular Force of Canadian Forces. Applicant’s lumbar disc lesion was recognized as being result of service. Applicant underwent surgery. Applicant aggravated condition while trying to change position in bed. Applicant filed for disability benefits. Board found doctor’s medical opinion did not constitute credible evidence for purpose of granting disability award because of lack of reasoning and analysis on issue of causation. Appeal panel sitting in reconsideration did not admit doctor’s letter into evidence. Letter was filed as additional information in reply to appeal panel’s findings on insufficiency of reasons and vagueness of report. Application for judicial review was allowed. It was unreasonable to find letter filed in support of reconsideration did not meet due diligence test. Additional information could not have been filed before applicant learned of appeal panel’s criticism of expert. Letter provided precision sought that was essential to determinative issue.

Cossette v. Canada (Procureur General) (Apr. 14, 2011, F.C., Scott J., File No. T-1147-10) 203 A.C.W.S. (3d) 531 (16 pp.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights