Date: 19980505
Docket: A-202-97
CORAM: STRAYER J.A.
| DESJARDINS J.A. |
| McDONALD J.A. |
BETWEEN:
DARSHEN NARANG
Appellant
- and -
HER MAJETY THE QUEEN, are represented by
the Minister of Employment and Immigration
the Attorney General for Canada
and the Pension Appeals Board
Respondents
Heard at Vancouver, B.C., on Thursday, April 30, 1998.
Judgment delivered from the Bench at Vancouver, B.C., on Thursday, April 30, 1998.
REASONS FOR JUDGMENT BY: DESJARDINS J.A.
Date: 19980505
Docket: A-202-97
CORAM: STRAYER J.A.
| DESJARDINS J.A. |
| McDONALD J.A. |
BETWEEN:
DARSHEN NARANG
Appellant
- and -
HER MAJESTY THE QUEEN, as represented by
the Minister of Employment and Immigration
the Attorney General for Canada
and the Pension Appeals Board
Respondents
REASONS FOR JUDGMENT
(Judgment rendered from the Bench at Vancouver, B.C.
on Thursday, April 30, 1998)
DESJARDINS J.A.
[1] This is an application for judicial review of a decision of the Pension Appeals Board which dismissed the applicant's appeal from a decision of the Review Tribunal established pursuant to section 82 of the Canada Pension Plan.1 The Review Tribunal had concluded that the medical condition of the applicant, "... although aggravating, did not make him so disabled that he couldn't take an active role in the management and administration of the farm".2
[2] Before the Pension Appeals Board, the Minister conceded that the applicant's condition was prolonged, as required under subparagraph 42(2)(a)(ii) of the Canada Pension Plan.3
[3] The only issue was, therefore, whether the applicant's condition was severe in that he was incapable regularly of pursuing any substantially gainful occupation, as required under subparagraph 42(2)(a)(i) of the Canada Pension Plan. The Pension Appeals Board concluded:4
| Except for his family physician, the bulk of the medical opinions in evidence strongly suggests that while he has limitations, he should be retrained and is capable of suitable employment. I accept this view. |
[4] Both parties assisted us in the examination of the record. We have concluded that there was evidence on which the Pension0 Appeals Board could decide as it did.
[5] This application for judicial review will, therefore, be dismissed.
"Alice Desjardins"
J.A.
Date: 19980505
Docket: A-202-97
CORAM: STRAYER J.A.
| DESJARDINS J.A. |
| McDONALD J.A. |
BETWEEN:
DARSHEN NARANG
Appellant
- and -
HER MAJESTY THE QUEEN, as represented by
the Minister of Employment and Immigration
the Attorney General for Canada
and the Pension Appeals Board
Respondents
REASONS FOR JUDGMENT
__________________3 Subparagraphs 42(2)(a)(i) and (ii) of the Canada Pension Plan read:
42.(2) For the purposes of this Act,(a) a person shall be considered to be disabled only if he is determined in prescribed manner to have a severe and prolonged mental or physical disability, and for the purposes of this paragraph,
(i) a disability is severe only if by reason thereof the person in respect of whom the determination is made is incapable regularly of pursuing any substantially gainful occupation, and (ii) a disability is prolonged only if it is determined in prescribed manner that the disability is likely to be long continued and of indefinite duration or is likely to result in death; and...