Date: 20010926
Docket: A-773-99
Neutral citation: 2001 FCA 284
CORAM: RICHARD C.J.
ROTHSTEIN J.A.
NOËL J.A.
BETWEEN:
TROY DOWE
Applicant
and
THE MINISTER OF HUMAN RESOURCES DEVELOPMENT
(formerly Minister of Employment and Immigration)
Respondent
Heard at Halifax, Nova Scotia, on September 26, 2001.
Judgment delivered from the Bench at Halifax, Nova Scotia, on September 26, 2001.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20010926
Docket: A-773-99
Neutral citation: 2001 FCA 284
CORAM: RICHARD C.J.
ROTHSTEIN J.A.
NOËL J.A.
BETWEEN:
TROY DOWE
Applicant
and
THE MINISTER OF HUMAN RESOURCES DEVELOPMENT
(formerly Minister of Employment and Immigration)
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Halifax, Nova Scotia
on September 26, 2001.)
NOËL J.A.
[1] We agree that the proper standard of review to be applied to decisions of the Pension Appeals Board involving a pure matter of statutory interpretation, as is the case here, is that of correctness. However, we are of the view that the Board properly construed the relevant provisions of the Canada Pension Plan, R.S.C. 1985, c.C-8, and came to the correct conclusion.
[2] The application for judicial review will be dismissed.
"Marc Noël"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-773-99
STYLE OF CAUSE: TROY DOWE v. THE MINISTER OF HUMAN
RESOURCES DEVELOPMENT
PLACE OF HEARING: HALIFAX
DATE OF HEARING: SEPTEMBER 26, 2001
REASONS FOR JUDGMENT BY THE COURT: (RICHARD C.J., ROTHSTEIN
and NOËL J.J.A.)
DELIVERED FROM THE BENCH: NOËL J.A.
DATED: SEPTEMBER 26, 2001
APPEARANCES:
JANE O'NEILL FOR THE APPLICANT
MARY TOBIN-OATES FOR THE RESPONDENT
SOLICITORS OF RECORD:
McINNES COOPER FOR THE APPLICANT
HALIFAX, NOVA SCOTIA
MORRIS ROSENBERG FOR THE RESPONDENT
DEPUTY ATTORNEY GENERAL OF CANADA
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