Page v. Canada ( Veterans Appeal Board )
T-2253-93
Joyal J.
17/8/94
19 pp.
Application for judicial review to quash decision of Veterans Appeal Board denying applicant pension entitlement under Pension Act, s. 21(1) -- Applicant sustaining injuries in automobile accident in Cyprus in 1990 while on duty with Canadian contingent of United Nations Disengagement Observer Force in Syria, designated as Special Duty Area under Act -- 60-hour pass granted from Syria posting commencing November 10, 1990, 3-day United Nations leave commencing November 14, 1990 -- Applicant, fiancée involved in motor vehicle accident on November 13, 1990 -- Application filed with Canadian Pension Commission under Pension Act -- Commission declaring accident "attributable to service in Special Duty Area (Cyprus)", awarding monthly pension of $1,427.68 under Act, s. 21(1)-Decision twice amended -- Injuries sustained by applicant found to be not pensionable under s. 21(1) -- Entitlement Board denying applicant's eligibility -- Veterans Appeal Board confirming Entitlement Board's decision -- Commission without jurisdiction to render third decison reversing entitlement -- Functus officio when deciding to change applicant's entitlement to pension -- Entitlement Board, Veterans Appeal Board not properly seized of matter -- Breach of natural justice -- Interpretation of Appropriation Act, No. 10, 1964, Vote 58a, Pension Act, s. 21(1) at issue -- Applicant must have been in service to be eligible for pension -- Range of pensionable disability available to applicant wider than that applicable to peacetime service -- Differences in peacetime and wartime conditions of military service whenever disability pension at issue -- Whether member "in service" when injuries occurred depending on particular facts -- Military authorities helping organize applicant's trip, showing interest in contemplated interracial marriage -- Applicant on duty, therefore "in service" when accident occurred -- Wording of Vote 58a ambiguous-Expression "in respect to service in such area" not having restricted meaning advanced by National Defence -- No geographical limit imposed -- Enactment meant to confer on peacekeeper status of World War II combatant while military service in designated area-Role exercised by Canadian peacekeepers inviting wide interpretation of Vote 58a, more consistent with Parliament's intention -- Coverage applies if disability incurred while peacekeeper enjoys World War II status by reason of being in military service in designated area -- Interpretation consonant with general intent, purpose of Pension Act, s. 2 -- Veterans Appeal Board's decision should be quashed -- Application allowed- Appropriation Act No. 10, 1964, S.C. 1964-65, c. 34, Sch. B, Vote 58a -- Pension Act, R.S.C., 1985, c. P-6, ss. 2, 21(1).