Federal Court of Appeal Decisions

Date: 20050623

Docket: A-551-04

Citation: 2005 FCA 244

CORAM:        RICHARD C.J.

DÉCARY J.A.

NOËL J.A.

BETWEEN:

                            MINISTER OF HUMAN RESOURCES DEVELOPMENT

                                                                                                                                            Applicant

                                                                           and

                                                       PHYLLIS NOSEWORTHY

                                                                                                                                        Respondent

Heard at St. John's, Newfoundland and Labrador, on June 23, 2005.

Judgment delivered from the Bench at

St. John's, Newfoundland and Labrador, on June 23, 2005.

REASONS FOR JUDGMENT OF THE COURT BY:                                                       NOËL J.A.

Date: 20050623

Docket: A-551-04

Citation: 2005 FCA 244

CORAM:        RICHARD C.J.

DÉCARY J.A.

NOËL J.A.

BETWEEN:

                            MINISTER OF HUMAN RESOURCES DEVELOPMENT

                                                                                                                                            Applicant

                                                                           and

                                                       PHYLLIS NOSEWORTHY

                                                                                                                                        Respondent

                                     REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at St. John's, Newfoundland and Labrador, on June 23, 2005)

NOËL J.A.

[1]                This is an application for judicial review of a decision of the Pension Appeal Board (the PAB) dated August 24, 2004, where the PAB overturned a prior decision of a Review Tribunal and found the respondent disabled within the meaning of the Canada Pension Plan (R.S. 1985, c. C-8 ) and hence eligible for benefits.

[2]                The applicant has raised before us arguments based on credibility and based on the lateness of the application for benefits in this instance, arguments which were not mentioned or alluded to in his factum. We have given these arguments no weight.

[3]                That being said, the PAB weighted the evidence before it and reached the conclusion that the respondent was suffering from a severe and prolonged disability since at least 1992. This conclusion has not been shown to be patently unreasonable when regard is had to the record before the PAB.

[4]                The application for judicial review will be dismissed. As no costs were sought, none are allowed.

                  "Marc Noël"                           

J.A.

                                                  FEDERAL COURT OF APPEAL

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                   A-551-04

STYLE OF CAUSE:                                       MINISTER OF HUMAN RESOURCES

DEVELOPMENT v. PHYLLIS

NOSEWORTHY

PLACE OF HEARING:                                             St. John's, Newfoundland and Labrador

DATE OF HEARING:                                               June 23, 2005

REASONS FOR JUDGMENT OF THE COURT: RICHARD C.J.

DÉCARY J.A.

NOËL J.A.

DELIVERED FROM THE BENCH BY:                             NOËL J.A.

DATED:                                                                      June 23, 2005

APPEARANCES:

Mr. Stuart Herbert                                                         for the Applicant

Mr. Nicholas P. Summers                                              for the Respondent

SOLICITORS OF RECORD:

John H. Sims, Q.C.                                                       for the Applicant

Deputy Attorney General of Canada

Ottawa, Ontario

Nicholas P. Summers                                         for the Respondent

St. John's, NL