The applicant sought judicial review of an OMERS Appeal Sub-Committee decision that found the respondent was the common-law spouse of the deceased and entitled to his pension death benefits.
The applicant argued the tribunal breached procedural fairness and that its decision was unreasonable.
The Divisional Court held that while the tribunal's pre-hearing procedures were fair, its written reasons were too brief and conclusory to allow for meaningful review.
The court could not determine if the tribunal properly applied the legal test for common-law status or correctly placed the burden of proof.
The application for judicial review was granted and the matter remitted for a new hearing.
