Date: 20070214
Docket: A-320-06
Citation: 2007 FCA 63
CORAM: RICHARD C.J.
SHARLOW J.A.
RYER J.A.
BETWEEN:
THOMAS
WALKER
Applicant
and
MINISTER
OF SOCIAL DEVELOPMENT
Respondent
Heard at Halifax, Nova Scotia, on February 14,
2007.
Judgment delivered from the Bench at Halifax, Nova Scotia, on February 14, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW
J.A
Date:
20070114
Docket: A-320-06
Citation: 2007
FCA 63
CORAM: RICHARD
C.J.
SHARLOW
J.A.
RYER
J.A.
BETWEEN:
THOMAS WALKER
Applicant
and
MINISTER OF
SOCIAL DEVELOPMENT
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Halifax, Nova Scotia,
on February 14, 2007)
SHARLOW J.A.
[1]
We
are all of the view that the decision of the Pension Appeals Board discloses no
error of law and no error of fact that warrants the intervention of this Court.
The record contains evidence upon which the Board could reasonably conclude
that as of the relevant date, Mr. Walker did not suffer from a disability that
met the statutory test. The Board’s examination of that evidence was cogent and
sufficiently clear to explain their conclusion. We are not persuaded that the
Board erred in observing that sedentary office work generally does not require
a full eight hours of sitting. This application will be dismissed without
costs.
"K.
Sharlow"
FEDERAL COURT OF APPEAL
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-320-06
STYLE OF CAUSE: THOMAS
WALKER
-
and -
MINISTER OF
SOCIAL DEVELOPMENT
PLACE OF
HEARING: HALIFAX,
NOVA SCOTIA
DATE OF
HEARING: FEBRUARY
14, 2007
REASONS FOR JUDGMENT: RICHARD C.J.,
SHARLOW, RYER JJ.A.
DATED: FEBRUARY
14, 2007
APPEARANCES:
|
Barry J. Mason
|
FOR THE APPLICANT
|
|
Jennifer
Hockey
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
Pressé Mason
Bedford, Nova
Scotia
|
FOR THE APPLICANT
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
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