EVANS J.A.
BETWEEN:
JOSEPH CODA
Appellant
and
MINISTRY OF SOCIAL DEVELOPMENT CANADA
Respondent
Heard at Ottawa, Ontario, May 31, 2005.
Judgment delivered from the Bench at Ottawa, Ontario, on May 31, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
CORAM: ROTHSTEIN J.A.
NOËL J.A.
EVANS J.A.
BETWEEN:
JOSEPH CODA
Appellant
and
MINISTRY OF SOCIAL DEVELOPMENT CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on May 31, 2005)
[1] In this application for judicial review, Joseph Coda requests the Court to set aside a decision of the Pensions Appeals Board, dated October 4, 2002, in which it dismissed an appeal from a decision of the Review Tribunal. The Board held that he was not entitled to long term disability benefits, on the ground that, on or before December 1997, when he last met the minimum qualifying period, his disability was not "severe" within the meaning of section 42 of the Canada Pension Plan, R.S.C. 1985, c. C-8.
[2] We are all of the view that the application must be dismissed. The Board applied the correct legal test for determining whether Mr. Coda's disability was "severe" and we are not persuaded that its application of the law to the facts was patently unreasonable. Nor can it be said that the Board committed a reviewable error by ignoring significant evidence that Mr. Coda's disability was "severe".
[3] For these reasons the application for judicial review will be dismissed.
"John M. Evans"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-352-04
STYLE OF CAUSE: Joseph Coda v. Ministry of Social Development Canada
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: May 31, 2005
REASONS FOR JUDGMENT OF THE COURT: ROTHSTEIN J.A.
NOËL J.A.
EVANS J.A.
DELIVERED FROM THE BENCH BY: EVANS J.A.
APPEARANCES:
|
Mr. David. W. Shannon |
FOR THE APPLICANT
|
|
Mr. Marcus Davies |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Thunder Bay, Ontario |
FOR THE APPLICANT
|
|
John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT |