Public Service
Pensions
Judicial review of decision applicant’s employment with Law Reform Commission of Canada not countable for pension purposes under Public Service Superannuation Act, R.S.C., 1985, c. P-36—Law Reform Commission Act, R.S.C., 1985, c. L-7, ss. 7, 8 capable of two different interpretations as to whether person must be appointed in accordance with Public Service Employment Act, R.S.C., 1985, c. P-33 to be entitled to pension benefits—However, not necessary to determine which interpretation correct as question before Court one of mixed fact and law—Only necessary to determine whether impugned decision reasonable, which it was—Decision would have been set aside if reviewed on standard of correctness—Application dismissed.
Cohen v. Canada (Attorney General) (T-2167-06, 2008 FC 676, Hughes J., judgment dated May 27, 2008, 27 pp.)