Date: 20040311
Docket: A-199-03
Citation: 2004 FCA 105
CORAM: SEXTON J.A.
EVANS J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
JOSEPH HUTCHISON
Respondent
Heard at Toronto, Ontario, on March 11, 2004.
Judgment delivered from the Bench at Toronto, Ontario, on March 11, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20040311
Docket: A-199-03
Citation: 2004 FCA 105
CORAM: SEXTON J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
JOSEPH HUTCHISON
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on March 11, 2004)
[1] We are all of the view that this application for judicial review must be dismissed.
[2] The Attorney General argues that the Pension Appeals Board erred in law in concluding that Mr. Hutchison's minimum qualifying period ended on December 31, 1992, rather than on December 31, 1994. Even if he is right on this, we are not persuaded that the error is material and warrants the intervention of this Court. The record reveals that Mr. Hutchison has continually complained of lower back pain since he suffered injuries at work in the mid and late 1980s, and has regularly consulted doctors about his back.
[3] Nor are we satisfied that, on the basis of the evidence before it, the Board's decision that Mr. Hutchison was suffering from a severe and prolonged disability was patently unreasonable or, in the words of the Federal Courts Act, R.S.C. 1985, c. F-7, paragraph 18.1(4)(d), was made in a perverse or capricious manner or without regard to the material before it.
[4] For these reasons, the application will be dismissed with costs.
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-199-03
STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. JOSEPH HUTCHISON
PLACE OF HEARING: TORONTO , ONTARIO
DATE OF HEARING: MARCH 11, 2004
REASONS FOR JUDGMENT OF THE COURT:
(SEXTON, EVANS AND SHARLOW JJ.A.)
RENDERED FROM THE BENCH BY EVANS J.A.
APPEARANCES:
Stuart Herbert FOR THE APPLICANT
Steven Yormak FOR THE RESPONDENT
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada FOR THE APPLICANT
Yormak & Yormak
Barristers & Solicitors
London, ON FOR THE RESPONDENT