Date: 20021210
Docket: A-456-01
Neutral citation: 2002 FCA 490
CORAM: STONE J.A.
BETWEEN:
ANTONIO LAURETANO
Applicant
- and -
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
Heard at Toronto, Ontario, on Monday, December 9th, 2002.
Judgment delivered from the Bench at Toronto, Ontario, on Monday, December 9th, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20021210
Docket: A-456-01
Neutral citation: 2002 FCA 490
CORAM: STONE J.A.
BETWEEN:
ANTONIO LAURETANO
Applicant
- and -
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Monday, December 9th, 2002.)
SHARLOW, J.A.
[1] We have carefully reviewed the record and considered the submissions of counsel for the applicant and counsel for the Minister. We note that when the Pension Appeals Board rendered its decision, it did not have the benefit of the judgment of this Court in Villani v. Canada (Attorney General) (C.A.), [2002] 1 F.C. 130. We are not satisfied that the majority of the Pension Appeals Board had in mind the correct legal test for the "severity" of a disability, as now explained in Villani. For that reason, this application for judicial review will be allowed, the decision of the Pension Appeals Board will be set aside, and this matter will be remitted to the Pension Appeals Board for redetermination by a newly constituted panel.
"Karen R. Sharlow"
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: A-456-01
STYLE OF CAUSE: ANTONIO LAURETANO
Applicant
- and -
MINISTER OF HUMAN RESOURCES
DEVELOPMENT
Respondent
DATE OF HEARING: MONDAY, DECEMBER 9, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: SHARLOW, J.A.
DATED: TUESDAY, DECEMBER 10, 2002
JUDGMENT DELIVERED FROM THE BENCH ON MONDAY, DECEMBER 9, 2002.
APPEARANCES BY: Ms. Minipreet Bhatia
For the Applicant
Ms. Florence Clancy
For the Respondent
SOLICITORS OF RECORD: Ms. Minipreet Bhatia
3601 Victoria Park Ave
Suite 405
Scarborough, Ontario.
M1W 3Y3
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent