Date: 20021016
Docket: A-725-00
Neutral citation: 2002 FCA 373
CORAM: ROTHSTEIN J.A.
NOËL J.A.
SEXTON J.A.
BETWEEN:
ALFRED WILGANOWSKI
Applicant
and
HER MAJESTY THE QUEEN
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Winnipeg, Manitoba, on October 8, 2002.
Judgment delivered at Ottawa, Ontario, on October 16, 2002.
REASONS FOR JUDGMENT BY: SEXTON J.A.
CONCURRED IN BY: ROTHSTEIN J.A.
NOËL J.A.
Date: 20021016
Docket: A-725-00
Neutral citation: 2002 FCA 373
CORAM: ROTHSTEIN J.A.
NOËL J.A.
SEXTON J.A.
BETWEEN:
ALFRED WILGANOWSKI
Applicant
and
HER MAJESTY THE QUEEN
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
SEXTON J.A.
[1] The applicant appeals from the decision of the Pension Appeals Board which had dismissed his appeal from the Review Tribunal. The Review Tribunal had denied his claim for disability benefits under the Canada Pension Plan.
[2] The medical evidence before the Pension Appeals Board indicated that the applicant had for some time experienced severe back pain and had been on constant medication for some years.
[3] However, there was also medical evidence to the effect that although the applicant could not engage in heavy lifting, twisting, or turning or stand or walk for prolonged periods of time, nevertheless, he would be suitable for light work not involving these activities. The Board found the applicant had given up seeking work and further found that none of the medical reports filed provided objective opinions to support the applicant's evidence that he was unable to perform other employment. The evidence before the Board was such as to allow this conclusion to be reached.
[4] Therefore, it cannot be said that the decision of the Pension Appeals Board was patently unreasonable.
[5] Before this Court, the applicant continued to maintain that he is incapable of finding work and I have considerable sympathy for the position in which he finds himself. Unfortunately, there is no basis in law on which this Court is able to interfere with the decision of the Pension Appeals Board.
[6] The application will be dismissed but, in the circumstances, no costs will be awarded.
"J. Edgar Sexton"
J.A.
"I agree"
Marshall E. Rothstein J.A.
"I agree"
"Marc Noël" J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
DOCKET: A-725-00
STYLE OF CAUSE: Alfred Wilganowski v. Her Majesty the Queen, The Attorney General of Canada
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING:October 8, 2002
REASONS FOR JUDGMENT OF
THE HONOURABLE MR. JUSTICE SEXTON
DATED OCTOBER 16, 2002
APPEARANCES:
Mr. Wilganowski on his own behalf
Ms. Mary Tobin Oates for the Respondent
Department of Justice
ISP Unit, HRDC Legal Services
SOLICITORS OF RECORD:
Mr. Wilganowski on his own behalf
Dauphin, Manitoba
Morris Rosenberg
Deputy Attorney General of Canada for the Respondent
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