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PENSIONS

Canada (Attorney General) v. Lemoine

A-717-02

2003 FCA 330, Sexton J.A.

9/9/03

2 pp.

At hearing in this Court, parties agreed Pension Appeals Board had committed error of law in applying wrong legal test--Proper test involves determining whether applicant "incapable regularly of pursuing any substantially gainful occupation"--Parties agreed to set aside decision applying wrong legal test--Judicial review allowed.

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