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PENSIONS

Judicial review Pensions Appeal Board decision dismissing applicants appeal of Review Tribunal decisionRole, powers of Board when sitting on appeal of Tribunal decision under Canada Pension Plan, s. 84(2)Board sitting on appeal of decision reviewed under s. 84(2) cannot disregard intrinsic limitations on this type of appeal, i.e. Tribunals review of decision based on new factsLimits s. 84(2) places on Boards jurisdiction mean must consider facts Tribunals decision originally based on and facts admitted as new facts when reviewedIn case at bar, Board had jurisdiction to hear appeal from Tribunals decision because Tribunal recognized as new fact one of four medical reports filed by respondent, and based on new fact amended earlier decision by TribunalThen became new decision subject to appeal under s. 83On other hand, to rule on merits of respondents application for disability benefits, Board could not consider facts rejected by Tribunal or facts presented to Board when not submitted to Tribunal unless first satisfied and decided new facts existApplication allowedCanada Pension Plan, R.S.C., 1985, c. C‑8, ss. 83, 84 (as am. by R.S.C., 1985 (2nd Supp.), c. 30, s. 45; S.C. 1990, c. 8, s. 46; 2002, c. 8, s. 182(1)(f)).

Canada (Minister of Human Resources Development) v. Landry (A‑454‑03, 2005 FCA 167, Létourneau J.A., judgment dated 10/5/05, 13 pp.)

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