Carter v. Canada (Attorney General), 2008 FC 1046

Date: 20080918

Docket: T-791-07

Citation: 2008 FC 1046

Ottawa, Ontario, September 18, 2008

PRESENT:     The Honourable Mr. Justice Barnes

BETWEEN:

ZANDRINA CARTER

Applicant

and

ATTORNEY GENERAL OF CANADA

Respondent

TRANSCRIPT OF REASONS FOR JUDGMENT AND JUDGMENT

            Let the attached edited version of the transcript of my Reasons for Judgment delivered orally from the bench at Toronto, Ontario, on Monday, September 15, 2008, be filed to comply with section 51 of the Federal Courts Act.

JUDGMENT

            THIS COURT ADJUDGES that this application for judicial review be dismissed.

“ R. L. Barnes ”

Court File No. T-791-07

                                           FEDERAL COURT OF CANADA

BETWEEN:

ZANDRINA CARTER

                                                                                                                                Applicant

                                                                   - and -

                                       ATTORNEY GENERAL OF CANADA

                                                                                                                            Respondent

                HEARD BEFORE THE HONOURABLE MR. JUSTICE BARNES

                                in the Courts Administration Service, Courtroom 4C,

                                                      180 Queen Street West,

                                                           Toronto, Ontario

                                    on Monday, September 15, 2008 at 11:06 a.m.

ORAL REASONS AND DECISION

APPEARANCES:

Zandrina Carter

Nicole Carter                                                                                        Agent for the Applicant

Ms. Sandra Gruescu                                                                                   For the Respondent

Also Present:

Mr. Alastair Hull                                                                                                Court Registrar

Ms. Linda O'Brien                                                                                             Court Reporter

                                       A.S.A.P. Reporting Services Inc. © 2008

200 Elgin Street, Suite 1105                          130 King Street West, Suite 1800

Ottawa, Ontario K2P 1L5                              Toronto, Ontario M5X 1E3

(613) 564-2727                                               (416) 861-8720

Toronto, Ontario

JUSTICE BARNES:  Please be seated. These are the reasons for my decision in Carter v. the Attorney General of Canada given orally at Toronto.

This is an application for judicial review by Zandrina Carter challenging a decision of the Pension Appeals Board which refused her request for leave to appeal from an earlier decision of a Review Tribunal.

Ms. Carter claims to be entitled to a Canada Pension disability pension, but her application for those benefits was denied by the Review Tribunal because she did not qualify under the rules of the disability plan.

When leave to appeal was made, it was dismissed by the Pension Appeals Board for the same reasons as were stated by Justice Binks and I quote:

"The appellant seeks leave to appeal the decision of a Review Tribunal dated February 1, 2006.  The appellant's heart condition developed in the year 2000, so the appellant was not disabled within the meaning of section 42(2) on or before her minimum qualifying period (MQP) of December of 1995.  The appellant's application is therefore dismissed."

I can find no error in this decision, and although I sympathize with Ms. Carter, I am required to apply the law to the facts of her case.  I am not entitled to make exceptions to the eligibility rules because an applicant is facing financial or other hardship.

It is for Parliament to decide if the eligibility rules for CPP disability benefits need to be changed to account for cases like this one.

I would, however, urge Ms. Carter to inquire of Service Canada to see if she qualifies for a retirement benefit which may assist her financially.

Unfortunately, Ms. Carter, I cannot give you any relief today, and I am required to dismiss your application.

The Crown is not seeking costs and no order for costs will be made.

I HEREBY CERTIFY THAT I have, to the best

of my skill and ability, accurately recorded

by Shorthand and transcribed therefrom,

the foregoing proceeding.

Linda O’Brien, Computer-Aided Transcription

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-791-07

STYLE OF CAUSE:                          Carter

                                                            v.

                                                            AGC

PLACE OF HEARING:                    Toronto, Ontario

DATE OF HEARING:                      September 15, 2008

REASONS FOR JUDGMENT

AND JUDGMENT BY:                    Mr. Justice Barnes

DATED:                                             September 18, 2008

APPEARANCES:

SOLICITORS OF RECORD: