Date: 19980602
Docket: A-437-97
CORAM: STRAYER, J.A.
ROBERTSON, J.A.
McDONALD, J.A.
BETWEEN:
THE MINISTER OF HUMAN RESOURCES AND DEVELOPMENT
Applicant
- and -
CARMELA DICARO
Respondent
HEARD at Toronto, Ontario, Monday, June 1, 1998
JUDGMENT delivered from the Bench at Toronto, Ontario, Monday, June 1, 1998
REASONS FOR JUDGMENT BY: ROBERTSON, J.A.
Date: 19980602
Docket: A-437-97
CORAM: STRAYER, J.A.
ROBERTSON, J.A.
McDONALD, J.A.
BETWEEN:
THE MINISTER OF HUMAN RESOURCES AND DEVELOPMENT
Applicant
- and -
CARMELA DICARO
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Monday, June 1, 1998)
1� Having regard to the fact that no medical evidence was presented to the Pension Appeals Board in support of the conclusion that the respondent was suffering from chronic pain syndrome and to the fact that she did not testify on her own behalf before the Board, we are all of the view that the Board must be deemed to have erred in concluding that the respondent had been suffering from that ailment since October of 1995. For this reason the judicial review application must be allowed, the decision of the Board dated April 25, 1997 set aside and the matter remitted for reconsideration as to
whether the respondent was disabled within the meaning of the Canada Pension Plan during a period prior to her return to work in February of 1997. With respect to the latter point the respondent, Ms. Dicaro, appearing on her own behalf, advised us that she is now fully employed and has been since February of 1997.
"J.T. Robertson"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-437-97
STYLE OF CAUSE: THE MINISTER OF HUMAN RESOURCES AND DEVELOPMENT
- and -
CARMELA DICARO
DATE OF HEARING: JUNE 1, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: ROBERTSON, J.A.
Delivered from the Bench at Toronto, Ontario
on Monday, June 1, 1998
APPEARANCES:
Mr. Michel Mathieu
For the Applicant
Ms. Carmela Dicaro
For the Respondent
SOLICITORS OF RECORD:
George Thomson
Deputy Attorney General
of Canada
For the Applicant
Ms. Carmela Dicaro
9 Brandy Crescent
Woodbridge, Ontario
L4L 3C5
For the Respondent
FEDERAL COURT OF APPEAL
Date: 19980602
Docket: A-437-97
BETWEEN:
THE MINISTER OF HUMAN RESOURCES AND DEVELOPMENT
Applicant
-and-
CARMELA DICARO
Respondent
REASONS FOR JUDGMENT