BETWEEN:
and
Heard at Halifax, Nova Scotia, on February 24, 2010.
Judgment delivered from the Bench at Halifax, Nova Scotia, on February 24, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: STRATAS J.A.
Docket: A-48-09
Citation: 2010 FCA 63
CORAM: PELLETIER J.A.
TRUDEL J.A.
STRATAS J.A.
BETWEEN:
LARRY MITCHELL FANCY
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Halifax, Nova Scotia, on February 24, 2010)
[1] The appellant appeals from a decision of Barnes J. of the Federal Court in file T-425-08, dated December 29, 2008, dismissing his application for judicial review.
[2] The appellant submitted that the Pension Appeals Board applied the wrong test in refusing leave. It held that there was "no reasonable chance of success on appeal." The Board, says the appellant, should have used the test of "no arguable case."
[3] In our view, in substance the correct test was applied by the Board and so we reject the appellant’s submission in this regard.
[4] Therefore, for the reasons given by Barnes J., we would dismiss the appeal. The respondent has not sought costs, and so none are awarded.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-48-09
(APPEAL FROM AN ORDER OF JUSTICE BARNES OF THE FEDERAL COURT DATED DECEMBER 29, 2008, FILE # T-425-08)
STYLE OF CAUSE: Larry Mitchell Fancy v. Attorney General of Canada
PLACE OF HEARING: Halifax, Nova Scotia
DATE OF HEARING: February 24, 2010
REASONS FOR JUDGMENT OF THE COURT BY: (PELLETIER, TRUDEL, STRATAS JJ.A.)
DELIVERED FROM THE BENCH BY: STRATAS J.A.
APPEARANCES:
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FOR THE APPELLANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Bridgewater, Nova Scotia |
FOR THE APPELLANT
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Deputy Attorney General of Canada |
FOR THE RESPONDENT
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