Minister of Human Resources Development v. Uzoni, 2005 FCA 313

Date: 20050929

Docket: A-20-05

Citation: 2005 FCA 313

CORAM:        DESJARDINS J.A.

EVANS J.A.

SHARLOW J.A.

BETWEEN:

MINISTER OF HUMAN RESOURCES DEVELOPMENT

Applicant

and

JOHN UZONI

Respondent

                                       Heard at Toronto, Ontario, on September 29, 2005.

                 Judgment delivered from the Bench at Toronto, Ontario, on September 29, 2005.

REASONS FOR JUDGMENT OF THE COURT BY:                                                     EVANS J.A.

Date: 20050929

Docket: A-20-05

Citation: 2005 FCA 313

CORAM:        DESJARDINS J.A.

EVANS J.A.

SHARLOW J.A.

BETWEEN:

                            MINISTER OF HUMAN RESOURCES DEVELOPMENT

Applicant

and

JOHN UZONI

Respondent

                                     REASONS FOR JUDGMENT OF THE COURT

                   (Delivered from the Bench at Toronto, Ontario, on September 29, 2005)

EVANS J.A.

[1]                This is an application for judicial review by the Minister of Human Resources Development to set aside a decision of the Pension Appeals Board, dated September 8, 2004, allowing an appeal from the Review Tribunal, dated February 19, 2005. The Board awarded a disability pension under the Canada Pension Plan, R.S.C. 1985, c. C-8, to the respondent, John Uzoni.

[2]                The Board found that, on or before December 31, 1995, the end of Mr. Uzoni's minimum qualifying period, he was suffering from a severe and prolonged disability (depression) which prevented him from working. Counsel for the Minister conceded that there was sufficient evidence in the record on which the Board could lawfully have decided that Mr. Uzoni was eligible for a disability pension under subsection 42(2) of the Plan. However, she agued, the Board's reasons for decision were inadequate because they did not contain a meaningful review of the evidence and, in particular, did not explain why it found that he was disabled from work by December 31, 1995.

[3]                We disagree. Admittedly, the Board's analysis of the medical reports is brief and selective. Nonetheless, we are all of the opinion that the Board's reasons make the basis of its decision sufficiently clear, and the evidence which it did not analyse in its reasons was not such as in law to require analysis.

[4]                We are also of the view that the Board was entitled to decline to draw an adverse inference from Mr. Uzoni's absence from the hearing. His absence was adequately explained by Dr. Cobus and, in these circumstances, the Board was not required to elaborate in its reasons why it did not draw the adverse inference requested by the Minister.

[5]                For these reasons, the application for judicial review will be dismissed with costs.

    "John M. Evans"

                                                                                                                                                      J.A.                          

                                                  FEDERAL COURT OF APPEAL

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           A-20-05

STYLE OF CAUSE:               MINISTER OF HUMAN RESOURCES

                                                            DEVELOPMENT

Applicant

and

JOHN UZONI

Respondent

PLACE OF HEARING:                     TORONTO, ONTARIO

DATE OF HEARING:                       SEPTEMBER 29, 2005

REASONS FOR JUDGMENT

OF THE COURT:                               (DESJARDINS, EVANS & SHARLOW JJ.A.)

DELIVERED FROM

THE BENCH:                                     EVANS J.A.

APPEARANCES:

Sandra Gruescu

FOR THE APPLICANT

Paul Barrafato

FOR THE RESPONDENT

SOLICITORS OF RECORD:

John H. Sims, Q.C.

Deputy Attorney General of Canada

FOR THE APPLICANT

Bartolini, Berlingieri, Barrafato, Fortino LLP

Hamilton, Ontario

FOR THE RESPONDENT