Date: 20041130
Docket: A-205-04
Citation: 2004 FCA 405
CORAM: LINDEN J.A.
BETWEEN:
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Applicant
and
VIJAY KUMAR
Respondent
Heard at Vancouver, British Columbia on November 30, 2004.
Judgment delivered from the Bench at Vancouver, British Columbia on November 30, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20041130
Docket: A-205-04
Citation: 2004 FCA 405
CORAM: LINDEN J.A.
BETWEEN:
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Applicant
and
VIJAY KUMAR
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia on November 30, 2004)
SHARLOW J.A.
[1] Having reviewed the record and heard the submissions, we are all of the view that this application for judicial review should be dismissed.
[2] The reasons for decision of the Pension Appeals Board are not satisfactory in certain respects. However, we cannot conclude that there is any error that warrants the intervention of this Court. We believe that the Board followed the proper course when it directed that the issue of disability be determined at a new hearing where the whole of the evidence can be assessed along with the credibility of the witnesses.
[3] The application for judicial review will be dismissed.
(Sgd.) "Karen R. Sharlow"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-205-04
APPLICATION FOR JUDICIAL REVIEW AGAINST A DECISION OF THE PENSION APPEALS BOARD
STYLE OF CAUSE: Minister of Human Resources Development v. Vijay Kumar
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: 30 November 2004
REASONS FOR JUDGMENT OF THE COURT: Linden J.A. , Létourneau J.A., Sharlow J.A.
DELIVERED FROM THE BENCH BY: Sharlow J.A.
APPEARANCES:
|
Ms. Tania Nolet |
FOR THE APPLICANT |
|
Mr. Vijay Kumar |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Morris Rosenberg, Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE APPLICANT |
|
Mr. Vijay Kumar ( on his own behalf ) |
FOR THE RESPONDENT |
Vancouver, BC