Canada ( Attorney General ) v. Pabla
T-2321-93
Rouleau J.
15/11/94
4 pp.
Application for judicial review of Review Tribunal's decision respondent eligible for old age security benefits -- Respondent obtaining Canadian citizenship in 1980, returning to India in April, 1980 to set up mobile eye clinic -- Remaining outside Canada until 1989 -- Under Regulations, absences while engaged as missionary with any religious group or organization or as employee, member or officer of international organization, deemed not to have interrupted residence in Canada, if returning to Canada within six months of end of employment -- Old age security pension application denied for failure to meet residency requirements -- Review Tribunal allowing appeal -- Holding because of ambiguity of regulations regarding missionaries, international charitable organizations, respondent entitled to benefit of doubt -- Deeming respondent resident during absences -- Application allowed -- Review Tribunal must determine if respondent proving within deemed residency provisions and provide facts on which decision based -- Review Tribunal must interpret two provisions, determine scope, applicability to case before it -- Failure to do so error in jurisdiction[cad 211]Old Age Security Regulations, C.R.C., c. 1246, s. 21(4),(5)(b)(vi),(ix).