[2012] 2 F.C.R. D-9
Veterans
Judicial review of decision by appeal panel of Veterans Review and Appeal Board of Canada upholding decision of review panel denying disability award to applicant—Applicant claiming entitlement to award pursuant to Canadian Forces Members and Veterans Re-establishment and Compensation Act, S.C. 2005, c. 21, s. 45 due to solar elastosis condition resulting from ultraviolet radiation treatments by military doctors—Appeal panel applying “primary cause” test enunciated in King v. Canada (Veterans Review and Appeal Board), 2001 FCT 535 in finding that applicant not engaged in performance of task or service related to military duties when receiving treatments—Whether appeal panel’s decision reasonable— Phrase “service-related injury or disease” defined under Act; meaning injury or disease arising out of, or directly connected with service in Canadian Forces—Criteria referring to “arose out of” military service less stringent than “directly connected with” portion of definition—Broad interpretation of term “arose out of” setting aside “primary cause” test—Such approach consistent with language used by Parliament in definition of service-related injury, purpose of Act—“Primary cause” test enunciated in King not consistent with broad, liberal interpretation of Act—Appeal panel’s reasons succinct, lacking detail—Appeal panel applying excessively restrictive “primary cause” test—Should have considered whether circumstances in which applicant receiving treatments sufficiently related to military service to warrant award—Application allowed.
Hall v. Canada (Attorney General) (T-926-11, 2011 FC 1431, Bédard J., judgment dated December 7, 2011, 22 pp.)