Federal Court of Appeal Decisions

Date: 20051027

Docket: A-379-04

                                                                                                                     Citation: 2005 FCA 353

CORAM:        NADON J.A.

                        SEXTON J.A.

                        SHARLOW J.A.

BETWEEN:

SHARANJIT KAMBO

Appellant

and

THE MINISTER OF HUMAN RESOURCES DEVELOPMENT

Respondent

Heard at Toronto, Ontario, on October 27, 2005.

Judgment delivered from the Bench at Toronto, Ontario, on October 27, 2005.

REASONS FOR JUDGMENT OF THE COURT BY:                                                SEXTON J.A.

Date: 20051027

Docket: A-379-04

                                                                                                                     Citation: 2005 FCA 353

CORAM:        NADON J.A.

                        SEXTON J.A.

                        SHARLOW J.A.

BETWEEN:

SHARANJIT KAMBO

Appellant

and

THE MINISTER OF HUMAN RESOURCES DEVELOPMENT

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Toronto, Ontario, on October 27, 2005)

SEXTON J.A.

[1]                The appellant had been diagnosed with fibromyalgia and repetitive strain injury. The appellant's application for a disability pension was denied on the basis that she was capable of light work suitable to her condition and limitations on a regular basis.

[2]                The Review Tribunal dismissed the appellant's appeal referring to the appellant's evidence that she literally did nothing each and every day except lie around the house and had discontinued the home exercises which had been prescribed by her doctors.

[3]                The Pension Appeals Board dismissed the appellant's appeal holding that although the appellant had been diagnosed with fibromyalgia, she had adopted an almost completely sedentary lifestyle. The Pension Appeals Board noted that the appellant had consistently received medical advice to increase her physical exercise and activities but had unreasonably failed to do so. Further the Pension Appeals Board noted that the appellant had never once looked for work of any kind since the onset of her illness, despite the fact that there was medical evidence that she was capable of doing "light duty work". The Pension Appeals Board did not accept the appellant's evidence that she was unable to do any work and there was no evidence that the failure to look for work or seek training was the result of her fibromyalgia.

[4]                We are of the view that the Pension Appeals Board was justified in reaching the conclusions it did having regard to the evidence before it. We are unable to conclude that the decision of the Pension Appeals Board was patently unreasonable, which has been held by this Court on a number of occasions to be the applicable standard of review.

[5]                The application will therefore be dismissed.

                                                                                                                       

                                                                                                                 "J. Edgar Sexton"           

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                               A-379-04

STYLE OF CAUSE: SHARANJIT KAMNO v. MINISTER OF HUMAN RESOURCES DEVELOPMENT          

PLACE OF HEARING:                                                         TORONTO

DATE OF HEARING:                                                           OCTOBER 27, 2005

REASONS FOR JUDGMENT OF THE COURT BY:        SEXTON, JA

DELIVERED FROM THE BENCH BY:                             SEXTON, JA

APPEARANCES:

Stephen Braithwaite	FOR THE APPELLANT
John Vaissi Nagy	FOR THE RESPONDENT

SOLICITORS OF RECORD:

Barrister & Solicitor - Mississauga, Ontario	FOR THE APPELLANT
John H. Sims, QC Department of Justice - Ottawa, Ontario	FOR THE RESPONDENT