Date: 19990519
Docket: A-290-98
CORAM: STONE, J.A.
ROTHSTEIN, J.A.
SEXTON, J.A.
BETWEEN:
GARRY B. MacLEOD
Appellant
- and -
VETERANS REVIEW AND APPEAL BOARD CANADA
ATTORNEY GENERAL OF CANADA
Respondents
HEARD at Toronto, Ontario, Tuesday, May 18, 1999.
JUDGMENT delivered at Toronto, Ontario, Tuesday, May 18, 1999.
REASONS FOR JUDGMENT OF THE COURT BY: STONE J.A.
Date: 19990519
Docket: A-290-98
CORAM: STONE, J.A.
ROTHSTEIN, J.A.
SEXTON, J.A.
BETWEEN:
GARRY B. MacLEOD
Appellant
- and -
VETERANS REVIEW AND APPEAL BOARD CANADA
ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Toronto, Ontario
on Tuesday, May 18, 1999)
STONE J.A.
[1] Despite counsel's submissions we are not persuaded that we should interfere with the order of McKeown, J. of April 3, 1998. In particular, we are not satisfied that the Motions Judge erred in refusing to return the matter to the Veterans Review and Appeal Board of Canada on the basis that the Board did not properly consider the evidence in the context of sections 3 and 39 of the Veterans Review Appeal Board Act, S.C. 1995, c.18.
[2] The acceptance of the appellant's submissions would require us to ignore the express indications in the decision of the Board that the Board did in fact consider those sections of the statute as well as all of the evidence. Having done that, it would seem to us inappropriate for this Court to second guess the Board, despite the fact that this Court might have arrived at a different conclusion had the decision been ours to make in the first place.
[3] The appeal will be dismissed.
"A.J. Stone"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-290-98
STYLE OF CAUSE: GARRY B. MacLEOD
Appellant
| - and - |
VETERANS REVIEW AND APPEAL BOARD
CANADA ATTORNEY GENERAL OF CANADA
Respondents
DATE OF HEARING: MAY 18, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: STONE J.A.
Delivered at Toronto, Ontario
on Tuesday, May 18, 1999
APPEARANCES: Mr. Raj Anand
For the Appellant
Mr. Sadian G. Campbell
For the Respondents
| SOLICITORS OF RECORD: SCOTT & AYLEN |
| Barristers and Solicitors |
Box 194, 24th Floor
Toronto-Dominion Tower
Toronto-Dominion Centre
Toronto, Ontario
M5K 1H6
For the Appellant
Morris Rosenberg
Deputy Attorney General
For the Respondents
FEDERAL COURT OF APPEAL
Date: 19990519
Docket: A-290-98
BETWEEN:
GARRY B. MacLEOD
Appellant
- and -
| VETERANS REVIEW AND APPEAL BOARD |
CANADA ATTORNEY GENERAL OF
CANADA
Respondents
REASONS FOR JUDGMENT
| OF THE COURT |