BETWEEN:
and
Heard at Vancouver, British Columbia, on September 20, 2007.
Judgment delivered from the Bench at Vancouver, British Columbia, on September 20, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A.
Docket: A-552-06
Citation: 2007 FCA 298
CORAM: DESJARDINS J.A.
DÉCARY J.A.
RYER J.A.
BETWEEN:
CHIEF PENSIONS ADVOCATE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on September 20, 2007)
[1] We are all of the view that Heneghan J. made no error in reaching the conclusion that is found at paragraph 43 of her Reasons for Judgment:
This application for judicial review addresses a general question of statutory interpretation, not the application of the law to particular facts. The issue before the Court is whether the Board may consider the principle of “due diligence” in deciding whether to exercise its discretion to reconsider an appeal decision, pursuant to subsection 32(1) and section 111 of the VRAB Act. In my opinion, that question can be answered affirmatively, subject to the provision that the Board’s discretion must be exercised in a manner that conforms with the broad purpose of the Act and respects the intent and meaning of sections 3 and 39. Due diligence should not be given disproportionate weight.
[2] This appeal will therefore be dismissed.
[3] The Respondent is not asking for costs.
"Alice Desjardins"
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-552-06
STYLE OF CAUSE: Chief Pensions Advocate v. AGC
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: September 20, 2007
REASONS FOR JUDGMENT BY: DESJARDINS J.A.
DÉCARY J.A.
RYER J.A.
DELIVERED FROM THE BENCH BY: DESJARDINS J.A.
DATED: September 20, 2007
APPEARANCES:
Evans Robert
Elkin FOR THE
APPELLANT
James T. Beckett
Mariève Sirois-Vaillancourt
Sadian Campbell FOR
THE RESPONDENT
SOLICITORS OF RECORD:
|
Veteran Affairs Canada Bureau of Pension Advocates Quebec, QC |
FOR THE APPELLANT |
|
John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario |
|