PENSIONS |
Lalonde v. Canada (Minister of Human Resources Development)
A-493-00
2002 FCA 211, Desjardins J.A.
28/5/02
11 pp.
Application for judicial review of Pension Appeals Board's decision confirming Review Tribunal's decision denying applicant disability pension on ground disabled within meaning of Canada Pension Plan, s. 42(2)--Applicant claiming that because of fibromyalgia and problems with her back, legs and hands, incapable of working at all--Standard of correctness applicable to error of law: patent unreason-ableness applicable to questions of fact--Application allowed --Under Act, s. 83(11) Board must notify in writing parties of its decision and reasons therefor--Reasons must be proper, adequate and intelligible and must enable person concerned to assess whether grounds of appeal or judicial review--Board not referring to any analysis it might have made in applying applicable statutory tests to determine whether applicant's physical disability "severe and prolonged", and validity of decision vitiated by this--Hearings before Board being de novo, worth recalling applicant has burden of proving her physical disability to Board in accordance with requirements of Act, s. 42(2) and efforts she made to find herself employ-ment in circumstances--Canada Pension Plan, R.S.C., 1985, c. C-8, ss. 42(2) (as am. by R.S.C., 1985 (2nd Supp.), c. 30, s. 12; S.C. 1992, c. 1, s. 23), 83(11) (as enacted by R.S.C., 1985 (2nd Supp.), c. 30, s. 45).