Date: 20070514
Docket: A-214-06
Citation: 2007 FCA 189
CORAM: SEXTON J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
ATTORNEY
GENERAL OF CANADA
Applicant
and
DOROTHY
SVERKAS
Respondent
Heard at Toronto, Ontario,
on May 14, 2007.
Judgment delivered from the Bench
at Toronto, Ontario, on May 14, 2007.
REASONS FOR JUDGMENT OF THE COURT BY:
SHARLOW J.A.
Date: 20070514
Docket: A-214-06
Citation: 2007 FCA 189
CORAM: SEXTON
J.A.
SHARLOW
J.A.
MALONE
J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
DOROTHY SVERKAS
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered from the Bench at Toronto, Ontario, on May 14, 2007)
SHARLOW J.A.
[1]
This is an
application by the Crown for judicial review of a decision of the Pension
Appeals Board that followed Kent v. Canada, 2004 FCA 420. We agree with
the Pension Appeals Board that this case is not distinguishable from Kent.
[2]
For that
reason this application for judicial review will be dismissed.
“K. Sharlow”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-214-06
AN APPLICATION FOR JUDICIAL REVIEW IN RESPECT OF THE
DECISION OF THE DECISION MADE BY THE PENSION APPEALS BOARD ON MARCH 24, 2006,
GRANTING THE RESPONDENT, MRS. SVERKAS, DISABILITY BENEFITS UNDER THE CANADA
PENSION PLAN, R.S.C 1985.
STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v.
DOROTHY
SVERKAS
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MAY 14, 2007
REASONS FOR JUDGMENT OF
THE COURT BY: (SEXTON, SHARLOW & MALONE JJ.A.)
DELIVERED FROM THE
BENCH BY: SHARLOW J.A.
APPEARANCES:
|
Ms. Florence Clancy
|
FOR THE APPLICANT
|
|
Ms. Dorothy
Sverkas
|
FOR THE RESPONDENT
(Self-Represented)
|
SOLICITORS OF RECORD:
|
John H. Sims, Q.C.
Deputy Attorney General of Canada
|
FOR THE
APPLICANT
|
|
Ms. Dorothy
Sverkas
Richmond Hill, Ontario
|
FOR THE
RESPONDENT
(Self-Represented)
|