[2011] 3 F.C.R. D-14
Veterans
Judicial review of decision of Veterans Review and Appeal Board dated December 2, 2010, dismissing application for reconsideration of decision dated May 14, 2009, regarding disability pension application made to Veterans Affairs Canada (VAC)—Applicants veteran, now deceased, surviving spouse—Applicant meeting with VAC for first time in 1996 to obtain attendance allowance—Review Board erring in concluding VAC pension officers failed to carry out mandate under Pensions Act, R.S.C., 1985, c. P-6 (PA), s. 81(3)—Applicants, daughter having on number of occasions directly taken many steps to obtain information about possible applications for disability pensions—VAC appearing to have misled applicants on occasion, telling applicants several times applicants not entitled to pension—Board’s error therefore result of failure to consider all facts possibly leading Board to conclude pension officers did not discharge duty to inform applicants—Review Board erring in interpretation of PA, s. 39 and/or s. 56(1)(a.1), in exceptional circumstances, by limiting effective date of pension to day three years prior to day of appeal panel’s decision dated October 30, 2007—Parliament not speaking in vain; since Parliament provided VAC pension officers owe veterans obligations to provide information regarding pension applications, breaches of such obligations must carry consequences—Board’s failure to recognize applicant suffered serious difficulties over last 11 years demonstrating error in fact and law—Review Board breaching duty to obtain fair, equitable outcome for applicants in timely manner—Application allowed.
Arial v. Canada (Attorney General) (T-250-11, 2011 FC 848, Shore J., judgment dated July 8, 2011, 34 pp.)