Date: 20050622
Docket: A-470-04
Citation: 2005 FCA 243
CORAM: RICHARD C.J.
BETWEEN:
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Applicant
and
JOSEPH A. COLLINS
Respondent
Heard at St. John's, Newfoundland and Labrador, on June 22, 2005.
Judgment delivered from the Bench at St. John's, Newfoundland and Labrador,
on June 22, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20050622
Docket: A-470-04
Citation: 2005 FCA 243
CORAM: RICHARD C.J.
BETWEEN:
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Applicant
and
JOSEPH A. COLLINS
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at St. John's, Newfoundland and Labrador, on June 22, 2005)
[1] This is an application for judicial review to set aside a decision of the Pension Appeals Board (the Board) dated August 12, 2004. In that decision, the Board held that the respondent was disabled within the meaning of subsection 42(2) of the Canada Pension Plan (the Plan).
[2] The only issue raised by the applicant is the allegation that the Board erred in law by failing to provide adequate reasons as to why the respondent satisfies the disability test under the Plan.
[3] We are of the view that the reasons given by the Board are adequate to understand the rationale behind the Board's conclusion that the applicant's disability meets the requirements of the Plan that it be both "severe and prolonged" and therefore enabled the parties to understand why the Board concluded as it did and determine whether there are grounds to challenge the Board's decision.
[4] Accordingly, the application for judicial review will be dismissed with costs.
"J. Richard"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-470-04
(APPEAL FROM A JUDGMENT OR ORDER OF THE (SEE COMMENT IN LEFT MARGIN) DATED (DATE), (SEE COMMENT IN LEFT MARGIN) NO. (DOCKET NUMBER) if applicable.)
STYLE OF CAUSE:
MINISTER OF HUMAN RESOURCES DEVELOPMENT v. JOSEPH A. COLLINS
PLACE OF HEARING: St. John's, Newfoundland and Labrador
DATE OF HEARING: June 22, 2005
REASONS FOR JUDGMENT OF THE COURT: RICHARD C.J., DÉCARY J.A. and NOËL J.A.
DELIVERED FROM THE BENCH BY: RICHARD C.J.
APPEARANCES:
Mr. Adrian Bieniasiewicz |
FOR THE APPLICANT |
Mr. Donald K. Powell |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
Mr. John H. Sims, Q.C. Deputy Attorney General Ottawa, Ontario |
FOR THE APPLICANT |
Fraize Law Offices St.John's, Newfoundland and Labrador |
FOR THE RESPONDENT |