BETWEEN:
and
Heard at Vancouver, British Columbia, on September 15, 2005.
Judgment delivered from the Bench atVancouver, British Columbia, on September 15, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A.
Docket: A-565-04
Citation: 2005 FCA 299
CORAM: DÉCARY J.A.
LINDENJ.A.
SEXTON J.A.
BETWEEN:
JOHN FEHR
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on September 15, 2005.)
LINDEN J.A.
[1] In this case, the Pension Appeals Board held that the applicant, who lives in a remote British Columbia community, did not satisfy the severity test, that is, he did not demonstrate that he was "incapable regularly of pursuing any substantially gainful occupation" even though it was accepted that he had a "prolonged" injury.
[2] The Board relied mainly on the evidence that he was capable of running a lawn-mowing business in the last few years, which had produced some substantial income during the 8 - 12 week summer season.
[3] It also found that he was "capable" of maintaining the lawn-mowing contract for longer periods if it were available.
[4] We have not been persuaded that the Board made any error that would entitle this Court to interfere.
[5] The application will be dismissed with costs fixed at $500.
"A.M. Linden"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-565-04
(APPEAL FROM A DECISION OF THE PENSION APPEALS BOARD DATED SEPTEMBER 22, 2004, NO. 21712)
STYLE OF CAUSE: John Fehr v. Attorney General of Canada
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: September 15, 2005
REASONS FOR JUDGMENT OF THE COURT: Décary J.A.
Linden J.A.
Sexton J.A.
DELIVERED FROM THE BENCH BY: Linden J.A.
APPEARANCES:
| FOR THE APPLICANT
|
|
| FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Barristers & Solicitors Vancouver, British Columbia
|
FOR THE APPLICANT
|
|
Deputy Attorney General of Canada Department of Justice Vancouver, British Columbia |
FOR THE RESPONDENT
|