Date:20001128
Docket:A-296-99
CORAM: STRAYER J.A.
ROTHSTEIN J.A.
SEXTON J.A.
BETWEEN:
CARRINGTON FORBES
Applicant
- and -
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
Heard at Toronto, Ontario, Tuesday, November 28, 2000
Judgment delivered from the Bench at Toronto, Ontario,
on Tuesday, November 28, 2000
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20001128
Docket: A-296-99
CORAM: STRAYER J.A.
ROTHSTEIN J.A.
SEXTON J.A.
BETWEEN:
CARRINGTON FORBES
Applicant
- and -
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Tuesday, November 28, 2000)
ROTHSTEIN J.A.
| _. The Pension Appeals Board (the "Board") found that while the applicant does suffer pain, it is not severe and prolonged enough to entitle him to a Canada Pension Plan disability pension. The applicant says the Board's decision is in error. |
| _. The Board had before it a number of medical reports. In addition, the Board had evidence from the applicant. Based on its assessment of the medical reports and the applicant's testimony, the Board reached its decision. |
| _. The issue is simply one of considering and assigning weight to the evidence and assessing credibility. We can find no basis for interference with the Board's determination in this case. |
| _. The application will be dismissed. |
"Marshall Rothstein"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-296-99
| STYLE OF CAUSE: CARRINGTON FORBES |
Applicant
- and -
| MINISTER OF HUMAN RESOURCES DEVELOPMENT |
Respondent
DATE OF HEARING: TUESDAY, NOVEMBER 28, 2000
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
| OF THE COURT BY: ROTHSTEIN J.A. |
Delivered at Toronto, Ontario on Tuesday, November 28, 2000
APPEARANCES: Mr. D. Ehrlich
For the Applicant
Ms. M. Tobin-Oates
For the Respondent
| SOLICITORS OF RECORD: GOODMAN PHILLIPS & VINEBERG |
250 Yonge Street, Suite 2400
Toronto, Ontario
M5B 2M6
| For the Applicant |
Morris Rosenberg
| Deputy Attorney General of Canada |
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20001128
Docket: A-296-99
BETWEEN:
| CARRINGTON FORBES |
Applicant
- and -
| MINISTER OF HUMAN RESOURCES DEVELOPMENT |
Respondent
| REASONS FOR JUDGMENT |
| OF THE COURT |