Date: 20010927
Docket: A-741-00
Neutral citation: 2001 FCA 286
CORAM: DESJARDINS, J.A.
DÉCARY, J.A.
BETWEEN:
THE MINISTER OF HUMAN
RESOURCES DEVELOPMENT
Applicant
and
SHANNON J. WADE
Respondent
Heard at Vancouver, British Columbia, on September 27, 2001.
Judgment delivered at Vancouver, British Columbia, on September 27, 2001.
REASONS FOR JUDGMENT BY: DÉCARY J.A.
CONCURRED IN BY: DESJARDINS J.A.
SEXTON J.A.
Date: 20010927
Docket: A-741-00
Neutral citation: 2001 FCA 286
CORAM: DESJARDINS, J.A.
DÉCARY, J.A.
SEXTON, J.A.
BETWEEN:
THE MINISTER OF HUMAN RESOURCES DEVELOPMENT
Applicant
and
SHANNON J. WADE
Respondent
REASONS FOR JUDGMENT
DÉCARY J.A.
[1] While the Pension Appeals Board might have stretched to its permissible maximum the exercise of its discretion under subsection 84(2) of the Canada Pension Plan to order a new hearing, it fell short in our view of acting in a patently unreasonable manner.
[2] The application for judicial review will be dismissed with costs.
(Sgd.) "Robert Décary"
J.A.
Vancouver, British Columbia
September 27, 2001
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-741-00
STYLE OF CAUSE: MHRD v. Shannon J. Wade
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: September 27, 2001
REASONS FOR JUDGMENT BY DÉCARY, J.A.
CONCURRED IN BY: DESJARDINS, J.A.
SEXTON, J.A.
DATED: September 27, 2001
APPEARANCES:
Stephen Latté FOR THE APPLICANT
Lois MacDonald FOR THE RESPONDENT
SOLICITORS OF RECORD:
Moris Rosenberg FOR THE APPLICANT
Attorney General of Canada
Legal Services Society FOR THE RESPONDENT
Vancouver