BETWEEN:
and
MINISTER OF SOCIAL DEVELOPMENT
Heard at Halifax, Nova Scotia, on February 14, 2007.
Judgment delivered from the Bench at Halifax, Nova Scotia, on February 14, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A
Docket: A-320-06
Citation: 2007 FCA 63
CORAM: RICHARD C.J.
SHARLOW J.A.
RYER J.A.
BETWEEN:
THOMAS WALKER
Applicant
and
MINISTER OF SOCIAL DEVELOPMENT
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Halifax, Nova Scotia, on February 14, 2007)
[1] We are all of the view that the decision of the Pension Appeals Board discloses no error of law and no error of fact that warrants the intervention of this Court. The record contains evidence upon which the Board could reasonably conclude that as of the relevant date, Mr. Walker did not suffer from a disability that met the statutory test. The Board’s examination of that evidence was cogent and sufficiently clear to explain their conclusion. We are not persuaded that the Board erred in observing that sedentary office work generally does not require a full eight hours of sitting. This application will be dismissed without costs.
FEDERAL COURT OF APPEAL
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-320-06
STYLE OF CAUSE: THOMAS WALKER
- and -
MINISTER OF SOCIAL DEVELOPMENT
PLACE OF HEARING: HALIFAX, NOVA SCOTIA
DATE OF HEARING: FEBRUARY 14, 2007
REASONS FOR JUDGMENT: RICHARD C.J., SHARLOW, RYER JJ.A.
APPEARANCES:
|
Barry J. Mason
|
|
|
Jennifer Hockey
|
SOLICITORS OF RECORD:
|
Pressé Mason Bedford, Nova Scotia |
|
|
John H. Sims, Q.C. Deputy Attorney General of Canada
|