Décisions de la Cour fédérale

Informations sur la décision

Cameron v. Canada (Attorney General)

Base de données – Cour (s) Décisions de la Cour fédérale
Date 2001-04-24
Référence neutre 2001 CFPI 383
Numéro de dossier T-972-00

Contenu de la décision

Date: 20010424

Docket: T-972-00

Neutral Citation: 2001 FCT 383

Vancouver, British Columbia, Tuesday, the 24th day of April, 2001

PRESENT:       THE HONOURABLE MR. JUSTICE CAMPBELL

BETWEEN:

ORVAL CAMERON

Applicant

- and -

    THE ATTORNEY GENERAL OF CANADA

Respondent

REASONS FOR ORDER AND ORDER

CAMPBELL J.


[1]    On September 29, 1994, while working on his job with an asphalt paving crew, Mr. Cameron was seriously injured. However, in a decision of July 7, 1997, the Minister of Human Resources Development Canada denied Mr. Cameron's application for disability benefits, and his appeal of this decision pursuant to the provisions of the Canada Pension Plan [1] to the Canada Pension Plan Review Tribunal was dismissed by its decision of May 11, 1998.

[2]    With respect to the Review Tribunal's dismissal, Mr. Cameron applied for leave to appeal to the Pension Appeals Board[2], but his application was refused by a Member of that Board who gave the following reasons for so deciding:

The information which resulted in the Review Tribunal's conclusion that the Appellant was able to engage in sedentary or light work was a reasonable interpretation of the evidence. I have not been persuaded that another hearing would or could reach a different result.

The Application for leave is refused.

[3]    It is agreed that the test that was required to be applied on the leave application was whether Mr. Cameron had presented an arguable case. [3]    In my opinion, the reasons given by the Member deciding the leave issue go further than merely considering whether Mr. Cameron had an arguable case; indeed, the reasons show deliberation about whether Mr. Cameron would succeed on the merits if leave were granted. Therefore, I find the leave decision was made in error of law.


ORDER

[4]                 Accordingly, I set aside the decision refusing leave, and refer the matter back for re-determination before another member of the Pension Appeals Board, with the direction that the re-determination be conducted on the evidence contained in a new application for leave to be filed.

[5]                 I award costs in favour of Mr. Cameron in the sum of $1,200.

                       

(Sgd.) "Douglas R. Campbell"

Judge


[1]             Pursuant to s. 82 of the Canada Pension Plan, R.S.C. 1985, c. C-8 ("the Act").

[2]             Pursuant to s. 83(1) of the Act

[3]             See Kerth v. Canada (Minister of Human Resources Development) [1999] F.C.J. No. 1252 (T.D.).

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