Smith v. Family Benefits Appeal Board (N.S.), (1980) 42 N.S.R.(2d) 200 (TD)

• Judge: Glube, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: August 12, 1980
• Jurisdiction: Nova Scotia
• Citations: (1980), 42 N.S.R.(2d) 200 (TD)

Smith v. Family Benefits App. Bd. (1980), 42 N.S.R.(2d) 200 (TD);

    77 A.P.R. 200

MLB headnote and full text

Smith v. Family Benefits Appeal Board

(S.H. No. 27739)

Indexed As: Smith v. Family Benefits Appeal Board (N.S.)

Nova Scotia Supreme Court

Trial Division

Glube, J.

August 12, 1980.

Summary:

This headnote contains no summary.

Social Assistance - Topic 986

Claims - Appeals - Disclosure to applicant - Duty of Crown - The applicant, an unmarried woman with dependent children, had her family benefits terminated for cohabiting with a male person contrary to s. 15(1)(ii) of the Family Benefits Act - The Appeal Board, which affirmed the decision to terminate the benefits, failed to disclose to the applicant the name of the alleged cohabitee and the period of cohabitation - The applicant applied for an order of certiorari to quash the board's decision on the ground that she was denied natural justice - The Nova Scotia Supreme Court, Trial Division, allowed the application and held that the failure to inform the applicant of the man's name and period of cohabitation was a denial of natural justice, because the applicant did not have sufficient information to prepare her defence - See paragraph 13.

Cases Noticed:

Re Darnel, [1974] 2 F.C.R. 580; 5 N.R. 185, folld. [para. 9].

Statutes Noticed:

Family Benefits Act, S.N.S. 1977, c. 8, sect. 5(4) [para. 3]; sect. 15(1)(ii) [para. 3].

Counsel:

Andrew Pavey, for the applicant;

David G. Giovannetti, for the respondents.

This case was heard on August 12, 1980, at Halifax, Nova Scotia, by GLUBE, J., of the Nova Scotia Supreme Court, Trial Division.

On August 12, 1980, GLUBE, J., delivered the following oral judgment: