Date: 19971124

Docket: A-120-97

CORAM:      PRATTE J.A.

         DESJARDINS J.A.

         ROBERTSON J.A.

BETWEEN:

     MERVYN K. MARTIN

     Applicant

     - and -

     THE MINISTER OF HUMAN RESOURCES DEVELOPMENT

     Respondent

Heard at Ottawa, Ontario, on Monday, November 24, 1997.

Order delivered from the Bench on Monday, November 24, 1997.

REASONS FOR ORDER OF THE COURT BY:      PRATTE J.A.

Date: 19971124

Docket: A-120-97

CORAM:      PRATTE J.A.

         DESJARDINS J.A.

         ROBERTSON J.A.

BETWEEN:

     MERVYN K. MARTIN

     Applicant

     - and -

     THE MINISTER OF HUMAN RESOURCES DEVELOPMENT

     Respondent

     REASONS FOR ORDER OF THE COURT

     (Delivered from the Bench at Ottawa, Ontario,

     on Monday, November 24, 1997)

PRATTE J.A.

[1]      This application for judicial review is directed against an order of the vice-chairman of the Pensions Appeal Board denying leave to appeal to the Board.

[2]      The decision sought to be reviewed is not a decision of the Board but a decision of its vice-chairman made in the exercise of a jurisdiction which, by statute, is not conferred on the Board but on its chairman and vice-chairman who, unlike the Board, are not among the tribunals listed in section 28 of the Federal Court Act. It follows that this application should have been commenced in the Trial Division.

[3]      Counsel for the respondent consenting thereto, the matter will be transferred to the Trial Division where it shall be heard and decided as if it had been commenced there.

     "Louis Pratte"

     J.A.

     FEDERAL COURT OF APPEAL

Date: 19971124

Docket: A-120-97

BETWEEN:

     MERVYN K. MARTIN

     Applicant

     - and -

     THE MINISTER OF HUMAN

     RESOURCES DEVELOPMENT

     Respondent

    

     REASONS FOR ORDER

     OF THE COURT