Federal Court of Appeal Decisions

Date: 20060130

Docket: A-226-05

Citation: 2006 FCA 37

CORAM:        DESJARDINS J.A.

DÉCARY J.A.

SEXTON J.A.

BETWEEN:

                            MINISTER OF HUMAN RESOURCES DEVELOPMENT

                                                                                                                                            Applicant

                                                                           and

                                                      VALERIE L. GILLANDERS

                                                                                                                                        Respondent

                                Heard at Vancouver, British Columbia, on January 30, 2006.

          Judgment delivered from the Bench at Vancouver, British Columbia, on January 30, 2006.

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

Date: 20060130

Docket: A-226-05

Citation: 2006 FCA 37

CORAM:        DESJARDINS J.A.

DÉCARY J.A.

SEXTON J.A.

BETWEEN:

                            MINISTER OF HUMAN RESOURCES DEVELOPMENT

                                                                                                                                            Applicant

                                                                           and

                                                      VALERIE L. GILLANDERS

                                                                                                                                        Respondent

                                     REASONS FOR JUDGMENT OF THE COURT

           (Delivered from the Bench at Vancouver, British Columbia, on January 30, 2006)

DÉCARY J.A.

[1]                Faced with medical evidence that showed that Ms. Gillanders could do "some types of light work" and her testimony, which was found credible, to the effect that she had tried numerous minor jobs, but was unable to continue with them because of her disability, the Pension Appeals Board reached the conclusion that Ms. Gillanders was incapable regularly of pursuing any substantially gainful occupation within the meaning of section 42 of the Canada Pension Plan.

[2]                The Board could have explained its reasoning in a more convincing way, but we cannot say that we cannot understand what led its members to conclude as they did.

[3]                The ultimate finding of the Board is not patently unreasonable. It was open to the Board in the circumstances of this case, where Ms. Gillanders had already been found to be disabled for four years, to reach the view that the light work that was available to her, she was physically unable to continue to perform.

[4]                The application for judicial review will be dismissed with costs.

(Sgd.) "Robert Décary"

J.A.

                                                  FEDERAL COURT OF APPEAL

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                               A-226-05

(APPEAL FROM A JUDGMENT OR ORDER OF THE (SEE COMMENT IN LEFT MARGIN) DATED (DATE), (SEE COMMENT IN LEFT MARGIN) NO. (DOCKET NUMBER) if applicable.)

STYLE OF CAUSE:                          Minister of Human Resources Development

v    Valerie L. Gillanders

                                                                             

PLACE OF HEARING:                                                         Vancouver BC

DATE OF HEARING:                                                           January 30^th 2006

REASONS FOR JUDGMENT OF THE COURT:              Desjardins J.A.

Décary J.A.

Sexton J.A.

DELIVERED FROM THE BENCH BY:                             Décary J.A.

APPEARANCES:

SOLICITORS OF RECORD:

John H. Sims, Q.C. Deputy Attorney General of Canada	FOR THE APPLICANT
Paine Edmonds LLP Vancouver BC	FOR THE RESPONDENT