Date:
20070920
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
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.
Date:
20070920
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)
DESJARDINS
J.A.
[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
|
FOR THE RESPONDENT
|