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Docket: A-773-99 Neutral citation: 2001 FCA 284 ROTHSTEIN J.A. BETWEEN: TROY DOWE Applicant and THE MINISTER OF HUMAN RESOURCES DEVELOPMENT (formerly Minister of Employment and Immigration) Respondent Heard at Halifax, Nova Scotia, on September 26, 2001. Judgment delivered from the Bench at Halifax, Nova Scotia, on September 26, 2001. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20010926 Docket: A-773-99 Neutral citation: 2001 FCA 284 CORAM: RICHARD C.J. BETWEEN: TROY DOWE Applicant and THE MINISTER OF HUMAN RESOURCES DEVELOPMENT (formerly Minister of Employment and Immigration) Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Halifax, Nova Scotia on September 26, 2001.) NOËL J.A. [1] We agree that the proper standard of review to be applied to decisions of the Pension Appeals Board involving a pure matter of statutory interpretation, as is the case here, is that of correctness. However, we are of the view that the Board properly construed the relevant provisions of the Canada Pension Plan, R.S.C. 1985, c.C-8, and came to the correct conclusion. [2] The application for judicial review will be dismissed. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-773-99 STYLE OF CAUSE: TROY DOWE v. THE MINISTER OF HUMAN RESOURCES DEVELOPMENT
PLACE OF HEARING: HALIFAX DATE OF HEARING: SEPTEMBER 26, 2001 REASONS FOR JUDGMENT BY THE COURT: (RICHARD C.J., ROTHSTEIN and NOËL J.J.A.) DELIVERED FROM THE BENCH: NOËL J.A. DATED: SEPTEMBER 26, 2001 APPEARANCES: JANE O'NEILL FOR THE APPLICANT MARY TOBIN-OATES FOR THE RESPONDENT SOLICITORS OF RECORD: McINNES COOPER FOR THE APPLICANT HALIFAX, NOVA SCOTIA MORRIS ROSENBERG FOR THE RESPONDENT DEPUTY ATTORNEY GENERAL OF CANADA |
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