Date: 20060120
Docket: A-128-05
Citation: 2006 FCA 26
CORAM: ROTHSTEIN J.A.
BETWEEN:
BILL JAGPAL
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Vancouver, British Columbia, on January 19, 2006.
Judgment delivered at Vancouver, British Columbia, on January 20, 2006.
REASONS FOR JUDGMENT BY: SHARLOW J.A.
CONCURRED IN BY: ROTHSTEIN, MALONE JJ.A.
Date: 20060120
Docket: A-128-05
Citation: 2006 FCA 26
CORAM: ROTHSTEIN J.A.
BETWEEN:
BILL JAGPAL
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
[1] After a hearing, the Pension Appeals Board determined that Mr. Jagpal had failed to establish that he was disabled as of December 31, 1989. Mr. Jagpal is seeking judicial review of that decision.
[2] We are unable to find that the decision of the Pension Appeals Board is patently unreasonable, or that the Pension Appeals Board made any error of law. This application for judicial review must be dismissed. As the Crown has not asked for costs, none will be awarded.
[3] Mr. Jagpal says that he has some new medical evidence that is relevant to his claim. That evidence was obtained after the hearing before the Pension Appeals Board and so was not considered by the Board. It remains open to Mr. Jagpal to request a reconsideration of his claim, based on that new evidence, under subsection 84(2) of the Canada Pension Plan, R.S.C. 1985, c. C-8.
(Sgd.) AKaren R. Sharlow@
J.A.
AI agree@ (Sgd.) AMarshall E. Rothstein@
J.A.
AI agree@ (Sgd.) AB. Malone@
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-128-05
STYLE OF CAUSE: Bill Jagpal v. Attorney General of Canada
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: January 19, 2006
REASONS FOR JUDGMENT: ROTHSTEIN, SHARLOW, MALONE JJ.A
DATED: January 20, 2006
APPEARANCES:
|
Mr. Bill Jagpal |
FOR THE APPLICANT
|
|
Ms. Rose-Gabrielle Birba
|
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT
|