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Date: 20010921 Docket: A-156-00 Neutral citation: 2001 FCA 278 BETWEEN: ZALINA HOSEIN Appellant
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MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent Heard at Toronto, Ontario, Thursday, September 20, 2001 Judgment delivered at Toronto, Ontario, on Friday, September 21, 2001 REASONS FOR JUDGMENT BY: LINDEN J.A. CONCURRED IN BY: SHARLOW J.A. MALONE J.A. Date: 20010921 Docket: A-156-00 Neutral citation: 2001 FCA 278 BETWEEN: ZALINA HOSEIN Appellant
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MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent REASONS FOR JUDGMENT [1] This is an application for judicial review to hear and set aside a decision of the Pension Appeals Board ("the Board") dated February 7, 2000. In that decision, the Board held that the Appellant was not disabled within the meaning of subsection 42(2) of the Canada Pension Plan, R.S.C. 1985, c.8 (herein after referred to "the Plan"). [2] In the final paragraph of that decision, Foisy, J. writing for the Board, concluded as follows: In short, while I have a great deal of sympathy for Mrs. Hosein, and while Mrs. Hosein is now in all probability disabled as defined under the Plan, she has not satisfied me, on a balance, that she was disabled, as defined under the Plan, as of December 31, 1994. [3] Having reviewed the record in this case and having heard the representations of Mrs. Hosein and counsel for the Minister, we have not been persuaded that the Board erred. There was insufficient evidence, even on the basis of the test set out in Villani v. Canada (Attorney General) [2001], F.C.J. No. 1217, upon which the Board could have found her to have been disabled as of December 31, 1994, the relevant date of the inquiry. [4] The appeal will be dismissed. "A. M. Linden" J.A. "I agree Karen R. Sharlow" J.A. "I agree B. Malone" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-156-00 STYLE OF CAUSE: ZALINA HOSEIN Appellant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent DATE OF HEARING: THURSDAY, SEPTEMBER 20, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT BY: LINDEN J.A. CONCURRED IN BY: SHARLOW J.A. MALONE J.A. DATED: FRIDAY, SEPTEMBER 21, 2001 APPEARANCES BY: Mrs. Zalina Hosein For the Appellant on her own behalf Mr. Stuart Herbert For the Respondent SOLICITORS OF RECORD: Zalina Hosein 3161 Eglinton Ave., East Apt. # 708 Scarborough, Ontario M1J 2G7 For the Appellant Morris Rosenberg Deputy Attorney General For the Respondent FEDERAL COURT OF APPEAL Date: 20010921 Docket: A-156-00 BETWEEN: ZALINA HOSEIN Appellant - and -
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
REASONS FOR JUDGMENT
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