Date: 20040920
Docket: A-23-04
Citation: 2004 FCA 306
CORAM: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Appellant
and
LAURENT RIVARD
Respondent
Hearing held at Montréal, Quebec, on September 20, 2004.
Judgment delivered from the bench at Montréal, Quebec, on September 20, 2004.
REASONS FOR JUDGMENT OF THE COURT: NOËL J.A.
Date: 20040920
Docket: A-23-04
Citation: 2004 FCA 306
CORAM: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Appellant
and
LAURENT RIVARD
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on September 20, 2004)
NOËL J.A.
[1] In our view, the delays in this case are attributable to the administration of justice and as such they are considered "administrative difficulties" within the meaning of subsection 39(2) of the Pension Act, R.S.C. 1985, c. P-6.
[2] In our opinion, it is without doing violence to the language that Pinard J. at paragraph 17 of his reasons writes that the delays in question are the result of "administrative obstacles arising from the necessity to wait for the result of the proceeding" brought by the respondent to obtain the right to his pension.
[3] We emphasize the fact that none of the delays now at issue are attributable to the respondent, something which would have excluded the application of subsection 39(2), according to its wording.
[4] Finally, the legislative history submitted to us by the appellant is of limited interest since it preceded the enactment of section 2 of the Pension Act and section 3 of the Veterans Review and Appeal Board Act, R.S.C. 1985, c. 18, which both favour the broad interpretation adopted by Pinard J.
[5] The appeal shall be dismissed with costs.
"Marc Noël"
J.A.
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-23-04
(APPEAL OF AN ORDER DATED DECEMBER 19, 2003, FEDERAL COURT DOCKET NUMBER T-1308-03)
STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA
Appellant
and
LAURENT RIVARD
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 20, 2004
REASONS FOR JUDGMENT OF THE COURT: (DÉCARY,
NOËL, PELLETIER JJ.A.)
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
|
Patricia Gravel
|
FOR THE APPELLANT
|
|
Jean-Pierre Morin
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Morris Rosenberg
Deputy Attorney General of Canada
Montréal, Quebec
|
FOR THE APPELLANT
|
|
Morin Metcalfe
Montréal, Quebec
|
FOR THE RESPONDENT
|
|
|
|
Email this Content