Date: 20050512
Docket: A-507-03
Citation: 2005 FCA 179
CORAM: NOËL J.A.
NADON J.A.
MALONE J.A.
BETWEEN:
DARLENE HEPPLEWHITE
Applicant
and
ROGER HEPPLEWHITE and
THE ATTORNEY GENERAL OF CANADA
Respondents
Heard at Vancouver, British Columbia, on May 12, 2005.
Judgment delivered from the Bench at Vancouver, British Columbia, on May 12, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20050512
Docket: A-507-03
Citation: 2005 FCA 179
CORAM: NOËL J.A.
NADON J.A.
MALONE J.A.
BETWEEN:
DARLENE HEPPLEWHITE
Applicant
and
ROGER HEPPLEWHITE and
THE ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on May 12, 2005)
NOËL J.A.
[1] This application for judicial review concerns a decision of the Pension Appeals Board (the "Board") dated September 18, 2003 ((2003), C.E.B. & P.G.R. 8817 (Can. Pen. Apps. Bd.)) which held that the applicant and Mr. Hepplewhite did not cohabit during the period from 1980 to 1990.
[2] The applicant submits that the Board could not reasonably conclude on the facts before it that she and Mr. Hepplewhite did not cohabit during that period.
[3] Whether the test on judicial review is unreasonableness or patent unreasonableness, as seems to be conceded, we are of the view that it was open to the Board to conclude that the parties did not cohabit.
[4] The application for judicial review will accordingly be dismissed. As no costs were sought, none are awarded.
"Marc Noël"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-507-03
(Appeal from a Judgment of the Pension Appeals Board dated September 18, 2003, Docket No. CP19470)
STYLE OF CAUSE: Darlene Hepplewhite v. Roger Hepplewhite and The Attorney General of Canada
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: May 12, 2005
REASONS FOR JUDGMENT NOËL J.A.
OF THE COURT: NADON J.A.
MALONE J.A.
DELIVERED FROM NOËL J.A.
THE BENCH BY:
DATED: May 12, 2005
APPEARANCES:
Mr. Leonard Kompa FOR THE APPLICANT
Mr. Roy Schwartzberg FOR THE RESPONDENT Roger Hepplewhite
Mr. John Vaissi Nagy FOR THE RESPONDENT The Attorney General of Canada
SOLICITORS OF RECORD:
| Mr. Leonard Kompa Bisceglia & Company Port Coquitlam, British Columbia |
FOR THE APPLICANT
|
| Mr. Roy SchwartzbergBarrister and Solicitor Coquitlam, British Columbia
|
FOR THE RESPONDENT Roger Hepplewhite
|
| John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario
|
FOR THE RESPONDENT The Attorney General of Canada
|