BETWEEN:
and
Heard at Halifax, Nova Scotia, on May 30, 2007.
Judgment delivered from the Bench at Halifax, Nova Scotia, on May 30, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20070530
Docket: A-476-06
Citation: 2007 FCA 214
CORAM: NADON J.A.
PELLETIER J.A.
RYER J.A.
BETWEEN:
GREGORY STEWART
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Halifax, Nova Scotia, on May 30, 2007)
[1] This is an application for judicial review of a decision of the Pension Appeals Board (the Board) dated October 5, 2006 which concluded that the medical evidence before it did not show that the applicant’s disability was severe and prolonged within the meaning given to those terms by the Canada Pension Plan.
[2] We have not been persuaded that in so concluding the Board erred either in fact or in law. We would add that, in our view, it was clearly open to the Board, considering the evidence before it, to conclude as it did.
[3] We are therefore all agreed that the application should be dismissed but, in the circumstances, without costs.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-476-06
STYLE OF CAUSE: GREGORY STEWART v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Halifax, Nova Scotia
REASONS FOR JUDGMENT OF THE COURT BY: Nadon J.A.
Pelletier J.A.
Ryer J.A.
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
|
Halifax, N.S.
|
On his own behalf
|
|
Ottawa, ON
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Deputy Attorney General of Canada |
FOR THE RESPONDENT
|