PENSIONS |
Canada (Minister of Human Resources Development) v. Richard
A-558-03
2004 FCA 378, Malone J.A.
8/11/04
2 pp.
Judicial review of Pension Appeals Board decision dated September 18, 2003 wherein Board held it had jurisdiction to hear appeal from decision of Review Tribunal refusing to reconsider earlier decision because new information submitted by respondent not qualifying as new facts pursuant to Canada Pension Plan, s. 84(2)--Federal Court of Appeal subsequently holding, in Oliveira v. Canada (Minister of Human Resources Development) (2004), 320 N.R. 168, Board having no jurisdiction to hear appeal from Review Tribunal's refusal to reconsider own decision because complainant advanced no new facts--Court bound by that decision--Respondent's remedy to seek judicial review in Federal Court of Review Tribunal's decision--Application allowed--Canada Pension Plan, R.S.C., 1985, c. C-8, s. 84(2) (as enacted by R.S.C., 1985 (2nd Supp.), c. 30, s. 45).