Coda v. Canada (Ministry of Social Development Canada)
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Coda v. Canada (Ministry of Social Development Canada) Court (s) Database Federal Court of Appeal Decisions Date 2005-05-31 Neutral citation 2005 FCA 206 File numbers A-352-04 Decision Content Date: 20050531 Docket: A-352-04 Citation: 2005 FCA 206 CORAM: ROTHSTEIN J.A. NOËL J.A. EVANS J.A. BETWEEN: JOSEPH CODA Appellant and MINISTRY OF SOCIAL DEVELOPMENT CANADA Respondent Heard at Ottawa, Ontario, May 31, 2005. Judgment delivered from the Bench at Ottawa, Ontario, on May 31, 2005. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20050531 Docket: A-352-04 Citation: 2005 FCA 206 CORAM: ROTHSTEIN J.A. NOËL J.A. EVANS J.A. BETWEEN: JOSEPH CODA Appellant and MINISTRY OF SOCIAL DEVELOPMENT CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on May 31, 2005) EVANS J.A. [1] In this application for judicial review, Joseph Coda requests the Court to set aside a decision of the Pensions Appeals Board, dated October 4, 2002, in which it dismissed an appeal from a decision of the Review Tribunal. The Board held that he was not entitled to long term disability benefits, on the ground that, on or before December 1997, when he last met the minimum qualifying period, his disability was not "severe" within the meaning of section 42 of the Canada Pension Plan, R.S.C. 1985, c. C-8. [2] We are all of the view that the application must be dismissed. The Board applied the correct legal test for determining whether Mr. Coda's disability was "severe…
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Coda v. Canada (Ministry of Social Development Canada) Court (s) Database Federal Court of Appeal Decisions Date 2005-05-31 Neutral citation 2005 FCA 206 File numbers A-352-04 Decision Content Date: 20050531 Docket: A-352-04 Citation: 2005 FCA 206 CORAM: ROTHSTEIN J.A. NOËL J.A. EVANS J.A. BETWEEN: JOSEPH CODA Appellant and MINISTRY OF SOCIAL DEVELOPMENT CANADA Respondent Heard at Ottawa, Ontario, May 31, 2005. Judgment delivered from the Bench at Ottawa, Ontario, on May 31, 2005. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20050531 Docket: A-352-04 Citation: 2005 FCA 206 CORAM: ROTHSTEIN J.A. NOËL J.A. EVANS J.A. BETWEEN: JOSEPH CODA Appellant and MINISTRY OF SOCIAL DEVELOPMENT CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on May 31, 2005) EVANS J.A. [1] In this application for judicial review, Joseph Coda requests the Court to set aside a decision of the Pensions Appeals Board, dated October 4, 2002, in which it dismissed an appeal from a decision of the Review Tribunal. The Board held that he was not entitled to long term disability benefits, on the ground that, on or before December 1997, when he last met the minimum qualifying period, his disability was not "severe" within the meaning of section 42 of the Canada Pension Plan, R.S.C. 1985, c. C-8. [2] We are all of the view that the application must be dismissed. The Board applied the correct legal test for determining whether Mr. Coda's disability was "severe" and we are not persuaded that its application of the law to the facts was patently unreasonable. Nor can it be said that the Board committed a reviewable error by ignoring significant evidence that Mr. Coda's disability was "severe". [3] For these reasons the application for judicial review will be dismissed. "John M. Evans" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-352-04 STYLE OF CAUSE: Joseph Coda v. Ministry of Social Development Canada PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: May 31, 2005 REASONS FOR JUDGMENT OF THE COURT: ROTHSTEIN J.A. NOËL J.A. EVANS J.A. DELIVERED FROM THE BENCH BY: EVANS J.A. APPEARANCES: Mr. David. W. Shannon FOR THE APPLICANT Mr. Marcus Davies FOR THE RESPONDENT SOLICITORS OF RECORD: David W. Shannon Law Office Thunder Bay, Ontario FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca