Galluzzo v Little

The case of *Galluzzo v Little* concerned an appeal and cross-appeal from decisions made in the Common Law Division. The dispute involved a worker's compensation matter where the Medical Appeal Panel's assessment of impairment was challenged. The primary issues before the Court of Appeal were whether the Medical Appeal Panel had acted appropriately in issuing a certificate of assessment before all impairments were fully ascertainable, and whether the Panel had denied procedural fairness by refusing an oral hearing and further submissions. Additionally, the court considered whether a judge's finding of inadequate reasons from the Panel should have led to the quashing of the assessment, and the utility of a bare declaration. The question of costs, specifically whether conduct prior to the initiation of proceedings was relevant to an award of indemnity costs, was also a significant point of contention.

The Court of Appeal determined that the Medical Appeal Panel's role and the proper approach to assessing multiple injuries were central to the appeal. The court examined the requirements for issuing a certificate of assessment, particularly in circumstances where the full extent of all impairments might not yet be definitively known. The principles of administrative law, specifically procedural fairness, were applied to assess whether the Panel's decision to refuse an oral hearing and further submissions was lawful. The court also considered the consequences of a finding that the Panel had failed to provide adequate reasons for its decision.

Ultimately, the Court of Appeal granted leave to appeal and cross-appeal. The appeal brought by the plaintiffs was dismissed, however, the cross-appeal was allowed. The orders made in the Common Law Division on 5 April 2012 were set aside, and in their place, the summons was dismissed. The plaintiffs were ordered to pay the first defendant's costs of those proceedings. Furthermore, the appellants/cross-respondents were ordered to pay the costs of the respondent/cross-appellant of both the appeal and the cross-appeal.