Date: 20070530
Docket: A-476-06
Citation: 2007 FCA 214
CORAM: NADON J.A.
PELLETIER
J.A.
RYER J.A.
BETWEEN:
GREGORY
STEWART
Applicant
and
ATTORNEY
GENERAL OF CANADA
Respondent
Heard at Halifax,
Nova Scotia, on May 30,
2007.
Judgment delivered from the Bench at Halifax, Nova Scotia, on May 30, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: NADON
J.A.
Date: 20070530
Docket: A-476-06
Citation: 2007
FCA 214
CORAM: NADON
J.A.
PELLETIER J.A.
RYER
J.A.
BETWEEN:
GREGORY
STEWART
Applicant
and
ATTORNEY
GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Halifax, Nova Scotia, on May 30,
2007)
NADON J.A.
[1]
This
is an application for judicial review of a decision of the Pension Appeals
Board (the Board) dated October 5, 2006 which concluded that the medical
evidence before it did not show that the applicant’s disability was severe and
prolonged within the meaning given to those terms by the Canada Pension Plan.
[2]
We
have not been persuaded that in so concluding the Board erred either in fact or
in law. We would add that, in our view, it was clearly open to the Board,
considering the evidence before it, to conclude as it did.
[3]
We
are therefore all agreed that the application should be dismissed but, in the
circumstances, without costs.
“M.
Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-476-06
STYLE OF CAUSE: GREGORY
STEWART v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Halifax,
Nova Scotia
DATE OF HEARING: May 30, 2007
REASONS FOR JUDGMENT OF THE
COURT BY: Nadon J.A.
Pelletier J.A.
Ryer
J.A.
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
|
Gregory Stewart
Halifax, N.S.
|
On
his own behalf
|
|
Jacques-Michel Cyr
Ottawa,
ON
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
John H. Sims, Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
Email this Content