Date: 19971124
Docket: A-120-97
CORAM: PRATTE J.A.
DESJARDINS J.A.
ROBERTSON J.A.
BETWEEN:
MERVYN K. MARTIN
Applicant
- and -
THE MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
Heard at Ottawa, Ontario, on Monday, November 24, 1997.
Order delivered from the Bench on Monday, November 24, 1997.
REASONS FOR ORDER OF THE COURT BY: PRATTE J.A.
Date: 19971124
Docket: A-120-97
CORAM: PRATTE J.A.
DESJARDINS J.A.
ROBERTSON J.A.
BETWEEN:
MERVYN K. MARTIN
Applicant
- and -
THE MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
REASONS FOR ORDER OF THE COURT
(Delivered from the Bench at Ottawa, Ontario,
on Monday, November 24, 1997)
PRATTE J.A.
[1] This application for judicial review is directed against an order of the vice-chairman of the Pensions Appeal Board denying leave to appeal to the Board.
[2] The decision sought to be reviewed is not a decision of the Board but a decision of its vice-chairman made in the exercise of a jurisdiction which, by statute, is not conferred on the Board but on its chairman and vice-chairman who, unlike the Board, are not among the tribunals listed in section 28 of the Federal Court Act. It follows that this application should have been commenced in the Trial Division.
[3] Counsel for the respondent consenting thereto, the matter will be transferred to the Trial Division where it shall be heard and decided as if it had been commenced there.
"Louis Pratte"
J.A.
FEDERAL COURT OF APPEAL
Date: 19971124
Docket: A-120-97
BETWEEN:
MERVYN K. MARTIN
Applicant
- and -
THE MINISTER OF HUMAN
RESOURCES DEVELOPMENT
Respondent
REASONS FOR ORDER
OF THE COURT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-120-97
STYLE OF CAUSE: Mervyn K. Martin v. The Minister of Human Resources Development
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 24, 1997
REASONS FOR ORDER OF THE COURT: (Pratte, Desjardins, Robertson JJ.A.)
DELIVERED FROM THE BENCH BY: Pratte J. A.
APPEARANCES:
Mr. Stephen Bird For the Applicant
Mr. Michel Mathieu For the Respondent
SOLICITORS OF RECORD:
Lanark County Legal Clinic For the Applicant Perth, Ontario
Mr. George Thomson For the Respondent Deputy Attorney General of Canada
Ottawa, Ontario
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