VETERANS |
Trainor v. Canada (Attorney General)
T-237-01
2002 FCT 117, MacKay J.
30/1/02
10 pp.
Application for judicial review of decision by Veterans Review and Appeal Board applicant's service did not meet requirements of War Veterans Allowance Act, s. 37(3), applicant not entitled to War Veterans allowance--Whether applicant "served" in Canadian Forces within meaning of WVAA, s. 37(3)--Applicant submitting receipt of pre-enlistment pay sufficient to make someone member who serves in Forces--Relying on F.C.A. decision in Re Attorney General of Canada and MacLaren (1987), 41 D.L.R. (4th) 41--Standard of «reasonableness» applied in review of Board's decision, including treatment of questions of mixed fact and law--No other evidence, apart from Daily Orders Part II, of Forces treating applicant as member during days before medical in Halifax--Board ought to have applied statute more liberally--Decision in MacLaren, in so applying statute, determined as matter of mixed law and fact person in situation of applicant, once accepted at Charlottetown and directed to Halifax with pre-enlistment pay, rations, quarters, served as member of Forces within meaning of WVAA, s. 37(3), however briefly--Board's decision unreasonable-- Board erred in law, in failing to apply law as earlier done by Board itself, upheld by Court of Appeal in MacLaren-- Application allowed--War Veterans Allowance Act, R.S.C., 1985, c. W-3, s. 37 (as am. by R.S.C., 1985 (2nd Supp.), c. 12, s. 14; S.C. 1992, c. 24, s. 11; 1995, c. 17, s. 71; 1999, c. 10, s. 3; 2000, c. 34, ss. 89, 90(j).