Date: 20041201
Docket: A-166-04
Citation: 2004 FCA 409
CORAM: NADON J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Applicant
and
ARMANDO PATRICIO
Respondent
Heard at Ottawa, Ontario, on December 1, 2004.
Judgment delivered from the Bench at Ottawa, on December 1, 2004.
REASONS FOR JUDGMENT BY: SEXTON J.A.
Date: 20041201
Docket: A-166-04
Citation: 2004 FCA 409
CORAM: NADON J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Applicant
and
ARMANDO PATRICIO
Respondent
REASONS FOR JUDGMENT
SEXTON J.A.
[1] The issue in this case is whether two medical reports obtained by the Respondent subsequent to a decision of a Review Tribunal which had dismissed the Applicant's request for disability benefits have identified new facts within the meaning of section 84(2) of the Canada Pension Plan. The majority of the Pension Appeals Board ruled affirmatively on this issue. In this particular case this is essentially a factual issue and we are unable to conclude the Board's decision was patently unreasonable. We also are of the view that there was no error by the Board in their application of the legal test for identifying new facts.
[2] The application will be dismissed with costs.
"J. EDGAR SEXTON"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-166-04
STYLE OF CAUSE: MINISTER OF HUMAN RESOURCES DEVELOPMENT v. ARMANDO PATRICIO
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: DECEMBER 1, 2004
REASONS FOR JUDGMENT OF THE COURT: (NADON, SEXTON AND EVANS JJ.A)
RENDERED FROM THE BENCH BY: SEXTON J.A.
APPEARANCES:
MS. ARIELLE ELBAZ FOR THE APPLICANT
MS. FLORENCE CLANCY
MR. SHAWN J. O'CONNOR FOR THE RESPONDENT
SOLICITORS OF RECORD:
MORRIS ROSENBERG FOR THE APPLICANT
Deputy Attorney General of Canada
KELLY, HOWARD, SANTINI FOR THE RESPONDENT
Ottawa, Ontario
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