Date: 20020627
Docket: A-516-01
Neutral citation: 2002 FCA 280
CORAM: LÉTOURNEAU J.A.
ROTHSTEIN J.A.
SHARLOW J.A.
BETWEEN:
THE MINISTER OF HUMAN RESOURCES DEVELOPMENT
Applicant
and
JAMES R. DOYLE
Respondent
Heard at Vancouver, British Columbia, on June 27, 2002
Judgment delivered from the Bench at Vancouver, British Columbia, on June 27, 2002
REASONS FOR JUDGMENT BY:
SHARLOW J.A.
Date: 20020627
Docket: A-516-01
Neutral citation: 2002 FCA 280
CORAM: LÉTOURNEAU J.A.
ROTHSTEIN J.A.
SHARLOW J.A.
BETWEEN:
THE MINISTER OF HUMAN RESOURCES DEVELOPMENT
Applicant
and
JAMES R. DOYLE
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Vancouver, British Columbia
on June 27, 2002)
SHARLOW J.A.
[1] We are all of the view that this application for judicial review should be allowed on the basis that the Pension Appeals Board failed to consider all the evidence. There was some medical evidence in the record which the Pension Appeals Board did not refer to in its reasons. We infer that this evidence was ignored, because the Pension Appeals Board said there was no medical evidence.
[2] We do not consider it necessary to express an opinion on the other issues raised by the applicant.
[3] This application for judicial review will be allowed and the decision of the Pension Appeals Board set aside. The matter will be remitted to a differently constituted panel of the Pension Appeals Board for rehearing.
(Sgd.) Karen R. Sharlow"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-516-01
STYLE OF CAUSE: MHRD v. James R. Doyle
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: June 27, 2002
REASONS FOR JUDGMENT : SHARLOW J.A.
DATED: June 27, 2002
APPEARANCES:
Adrian Joseph FOR THE APPLICANT
James R. Doyle FOR THE RESPONDENT
SOLICITORS OF RECORD:
Morris Rosenberg FOR THE APPLICANT
Deputy Attorney General of Canada
James R. Doyle FOR THE RESPONDENT
Mission, B.C.
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