Ottawa, Ontario, September 18, 2008
PRESENT: The Honourable Mr. Justice Barnes
BETWEEN:
and
TRANSCRIPT OF REASONS FOR JUDGMENT AND JUDGMENT
Let the attached edited version of the transcript of my Reasons for Judgment delivered orally from the bench at Toronto, Ontario, on Monday, September 15, 2008, be filed to comply with section 51 of the Federal Courts Act.
JUDGMENT
THIS COURT ADJUDGES that this application for judicial review be dismissed.
“ R. L. Barnes ”
Judge
Court File No. T-791-07
FEDERAL COURT OF CANADA
BETWEEN:
ZANDRINA CARTER
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
HEARD BEFORE THE HONOURABLE MR. JUSTICE BARNES
in the Courts Administration Service, Courtroom 4C,
180 Queen Street West,
Toronto, Ontario
on Monday, September 15, 2008 at 11:06 a.m.
ORAL REASONS AND DECISION
APPEARANCES:
Zandrina Carter
Nicole Carter Agent for the Applicant
Ms. Sandra Gruescu For the Respondent
Also Present:
Mr. Alastair Hull Court Registrar
Ms. Linda O'Brien Court Reporter
A.S.A.P. Reporting Services Inc. © 2008
200 Elgin Street, Suite 1105 130 King Street West, Suite 1800
Ottawa, Ontario K2P 1L5 Toronto, Ontario M5X 1E3
(613) 564-2727 (416) 861-8720
Toronto, Ontario
JUSTICE BARNES: Please be seated. These are the reasons for my decision in Carter v. the Attorney General of Canada given orally at Toronto.
This is an application for judicial review by Zandrina Carter challenging a decision of the Pension Appeals Board which refused her request for leave to appeal from an earlier decision of a Review Tribunal.
Ms. Carter claims to be entitled to a Canada Pension disability pension, but her application for those benefits was denied by the Review Tribunal because she did not qualify under the rules of the disability plan.
When leave to appeal was made, it was dismissed by the Pension Appeals Board for the same reasons as were stated by Justice Binks and I quote:
"The appellant seeks leave to appeal the decision of a Review Tribunal dated February 1, 2006. The appellant's heart condition developed in the year 2000, so the appellant was not disabled within the meaning of section 42(2) on or before her minimum qualifying period (MQP) of December of 1995. The appellant's application is therefore dismissed."
I can find no error in this decision, and although I sympathize with Ms. Carter, I am required to apply the law to the facts of her case. I am not entitled to make exceptions to the eligibility rules because an applicant is facing financial or other hardship.
It is for Parliament to decide if the eligibility rules for CPP disability benefits need to be changed to account for cases like this one.
I would, however, urge Ms. Carter to inquire of Service Canada to see if she qualifies for a retirement benefit which may assist her financially.
Unfortunately, Ms. Carter, I cannot give you any relief today, and I am required to dismiss your application.
The Crown is not seeking costs and no order for costs will be made.
I HEREBY CERTIFY THAT I have, to the best
of my skill and ability, accurately recorded
by Shorthand and transcribed therefrom,
the foregoing proceeding.
Linda O’Brien, Computer-Aided Transcription
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-791-07
STYLE OF CAUSE: Carter
v.
AGC
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 15, 2008
AND JUDGMENT BY: Mr. Justice Barnes
APPEARANCES:
|
Ms. Zandrina Carter (905) 823-6604
|
SELF-REPRESENTED |
|
Ms. Sandra Gruescu (613) 946-7693
|
SOLICITORS OF RECORD:
|
Zandrina Carter Mississauga, Ontario
|
SELF-REPRESENTED |
|
John H. Sims, Q.C. Deputy Attorney General of Canada
|