Date: 20031119
Docket: A-54-03
Citation: 2003 FCA 434
CORAM: STRAYER J.A.
BETWEEN:
ROXANNE SWAIN
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
STRAYER J.A.
[1] The applicant seeks now to add to the record, in this application for judicial review of a decision of the Pension Appeals Board, new material concerning her medical condition in 1998 and 1999. This material was not before the Board when it heard her case in September, 2002 and found that she was not disabled within subparagraph 42(2)(a)(i) of the Canada Pension Plan.
[2] On a judicial review we can only consider whether the Board made any reviewable error in deciding as it did on the basis of the material before it. Therefore we cannot consider evidence on the merits that was not before the Board.
[3] Accordingly this material cannot be added to the record at this time and the motion is dismissed.
(s) "B.L. Strayer"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-54-03
STYLE OF CAUSE: Roxanne Swain v. The Attorney General of Canada
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE STRAYER
DATED: November 19, 2003
WRITTEN REPRESENTATIONS:
Ms. Roxanne Swain
Florence, Nova Scotia ON HER OWN BEHALF
Mr. John Vaissi Nagy
Department of Justice
Ottawa, Ontario FOR THE RESPONDENT
SOLICITORS OF RECORD:
Ms. Roxanne Swain
Florence, Nova Scotia ON HER OWN BEHALF
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT
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