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Tribunal reconsiders and sets aside written dismissal of application due to prior direction requiring oral submissions.
The Tribunal reconsidered on its own initiative a previous written decision that dismissed the Application against the Ministry of Health and Long-Term Care.
The adjudicator had been unaware of a prior Case Assessment Direction by another Vice-chair that directed the Ministry's request to dismiss be heard with oral submissions at the scheduled hearing.
Acknowledging that section 43(2).1 of the Code requires an opportunity for oral submissions before final disposal, the adjudicator set aside the dismissal of the Application against the Ministry so the issue could be determined at the hearing.
