Federal Court of Appeal - Canada (Minister of Human Resources Development) v. Collins

[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