Date: 20041115
Docket: A-35-04
Citation: 2004 FCA 384
CORAM: DESJARDINS J.A.
ROTHSTEIN J.A.
PELLETIER J.A.
BETWEEN:
TONY KISSOON
Applicant
and
MINISTER OF HUMAN DEVELOPMENT RESOURCES
Respondent
Heard at Toronto, Ontario, on November 15th, 2004.
Judgment delivered from the Bench at Toronto, Ontario, on November 15th, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A.
Date: 20041115
Docket: A-35-04
Citation: 2004 FCA 384
CORAM: DESJARDINS J.A.
ROTHSTEIN J.A.
PELLETIER J.A.
BETWEEN:
TONY KISSOON
Applicant
and
MINISTER OF HUMAN DEVELOPMENT RESOURCES
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on November 15th, 2004)
DESJARDINS J.A.
[1] This is an appeal of a decision of Snider J., in Kissoon v. Canada (Minister of Human Development Resources, [2004] F.C.J. No. 69, confirming a decision of the Minister of Human Development Resources acting under ss. 66(4) of the Canada Pension Plan, R.S.C. 1985 c. C-8.
[2] The Minister concluded there was no evidence of erroneous advice or administrative error on the part of the Department which resulted in a loss of benefits to which the appellant would have been entitled. Consequently, the appellant could not received disabled contributor's benefits for his twin daughters from the time they were born up to December, 2000.
[3] The appellant claims that such administrative error exists. He states he sent an application to the Department in 1991, at the same time he wrote to it about his own benefits.
[4] The Motions Judge concluded at paragraph 11 of her Reasons:
It is apparent from the record that the Minister thoroughly reviewed Mr. Kisson's file and found insufficient evidence to support his claim. In the absence of satisfactory proof that an administrative error was committed, it was reasonable for the Minister to not exercise her discretion in a manner favourable to Mr. Kisson. Therefore, I am satisfied that the Minister's decision was not made arbitrarily or in bad faith, it can be supported on the evidence, and the Minister considered the appropriate factors. There is no reviewable error.
[5] We cannot say, based on a review of the record, that she made a palpable and overriding error in doing so.
[6] This appeal will be dismissed.
"Alice Desjardins"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-35-04
STYLE OF CAUSE: TONY KISSOON
Applicant
and
MINISTER OF HUMAN DEVELOPMENT
RESOURCES
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: NOVEMBER 15, 2004
REASONS FOR JUDGMENT
OF THE COURT: (DESJARDINS, ROTHSTEIN, PELLETIER, JJ.A.)
DELIVERED FROM THE
BENCH BY: DESJARDINS J.A.
APPEARANCES:
Mr. Tony Kissoon
FOR THE APPLICANT (on his own behalf)
Ms. Shawna Noseworthy
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Tony Kissoon
Meaford, Ontario FOR THE APPLICANT (on his own behalf)
Morris Rosenberg
The Deputy Attorney General of Canada
Toronto, Ontario FOR THE RESPONDENT
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