Date: 20061114
Dockets: A-218-05
A-343-05
Citation:
2006 FCA 370
CORAM: NADON J.A.
PELLETIER
J.A.
MALONE J.A.
Docket:
A-218-05
BETWEEN:
CHRISTY STATTON
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
Docket:
A-343-05
BETWEEN:
CAROLE
PREVOST
Applicant
and
ATTORNEY
GENERAL OF CANADA
Respondent
Heard at Ottawa,
Ontario, on November 14,
2006.
Judgment delivered from the Bench at Ottawa, Ontario, on November 14, 2006.
REASONS FOR JUDGMENT OF
THE COURT BY: NADON J.A.
Date:
20061114
Dockets: A-218-05
A-343-05
Citation: 2006
FCA 370
CORAM: NADON
J.A.
PELLETIER J.A.
MALONE
J.A.
Docket : A-218-05
BETWEEN:
CHRISTY
STATTON
Applicant
and
ATTORNEY
GENERAL OF CANADA
Respondent
Docket: A-343-05
CAROLE PREVOST
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Ottawa, Ontario, on November 14,
2006)
NADON J.A.
[1]
These
reasons are the reasons of the Court in applications for judicial review A-218-05
and A-343-05.
[2]
We
are all of the view that the Pension Appeals Board made no error in concluding
that section 74 of the Canada Pension Plan governed applications for
disabled contributors’ child benefits and that subsection 60(8) was
inapplicable. For greater certainty, we would add that in our view, subsection
60(8) is not relevant to applications for benefits arising from the legal
incapacity of an applicant.
[3]
Hence,
pursuant to subsection 74(2), benefits could not be made payable “… earlier
than the twelfth month preceding the month following the month in which the
application was received”.
[4]
As
a result, the applications will be dismissed, but without costs.
“M.
Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-218-05
STYLE OF CAUSE: Christy
Statton v. Attorney General of Canada
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 14, 2006
REASONS FOR JUDGMENT OF THE COURT BY: Nadon, Pelletier and Malone JJ.A.
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
|
Louis Michaud
|
FOR THE APPLICANT
|
|
Sandra
Gruescu
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Clinique juridique
populaire de Prescott et Russell Inc. Hawkesbury, Ontario
|
FOR THE
APPLICANT
|
|
John H. Sims,
Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario
|
FOR THE
RESPONDENT
|
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-343-05
STYLE OF CAUSE: Carole
Prevost v. Attorney General of Canada
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November
14, 2006
REASONS FOR JUDGMENT OF THE COURT BY: Nadon,
Pelletier and Malone JJ.A.
DELIVERED FROM THE BENCH BY: Nadon
J.A.
APPEARANCES:
|
Louis Michaud
|
FOR THE APPLICANT
|
|
Sandra Gruescu
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Clinique juridique populaire de Prescott
et Russell Inc.
Hawkesbury, Ontario
|
FOR THE
APPLICANT
|
|
John H. Sims, Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario
|
FOR THE
RESPONDENT
|
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