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
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