A-343-05
Docket: A-218-05
BETWEEN:
and
Docket: A-343-05
BETWEEN:
CAROLE PREVOST
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Ottawa, Ontario, on November 14, 2006.
Judgment delivered from the Bench at Ottawa, Ontario, on November 14, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Dockets: A-218-05
A-343-05
Citation: 2006 FCA 370
CORAM: NADON J.A.
PELLETIER J.A.
MALONE J.A.
Docket : A-218-05
BETWEEN:
CHRISTY STATTON
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
Docket: A-343-05
CAROLE PREVOST
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on November 14, 2006)
NADON J.A.
[1] These reasons are the reasons of the Court in applications for judicial review A-218-05 and A-343-05.
[2] We are all of the view that the Pension Appeals Board made no error in concluding that section 74 of the Canada Pension Plan governed applications for disabled contributors’ child benefits and that subsection 60(8) was inapplicable. For greater certainty, we would add that in our view, subsection 60(8) is not relevant to applications for benefits arising from the legal incapacity of an applicant.
[3] Hence, pursuant to subsection 74(2), benefits could not be made payable “… earlier than the twelfth month preceding the month following the month in which the application was received”.
[4] As a result, the applications will be dismissed, but without costs.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-218-05
STYLE OF CAUSE: Christy Statton v. Attorney General of Canada
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 14, 2006
REASONS FOR JUDGMENT OF THE COURT BY: Nadon, Pelletier and Malone JJ.A.
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
|
FOR THE APPLICANT
|
|
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Clinique juridique populaire de Prescott et Russell Inc. Hawkesbury, Ontario |
FOR THE APPLICANT
|
|
Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT
|
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-343-05
STYLE OF CAUSE: Carole Prevost v. Attorney General of Canada
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 14, 2006
REASONS FOR JUDGMENT OF THE COURT BY: Nadon, Pelletier and Malone JJ.A.
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
|
Louis Michaud |
FOR THE APPLICANT
|
|
Sandra Gruescu |
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Clinique juridique populaire de Prescott et Russell Inc. Hawkesbury, Ontario |
FOR THE APPLICANT
|
|
John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT
|