Canada (Minister of Human Resources Development) v. Doyle
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Canada (Minister of Human Resources Development) v. Doyle Court (s) Database Federal Court of Appeal Decisions Date 2002-06-27 Neutral citation 2002 FCA 280 File numbers A-516-01 Decision Content Date: 20020627 Docket: A-516-01 Neutral citation: 2002 FCA 280 CORAM: LÉTOURNEAU J.A. ROTHSTEIN J.A. SHARLOW J.A. BETWEEN: THE MINISTER OF HUMAN RESOURCES DEVELOPMENT Applicant and JAMES R. DOYLE Respondent Heard at Vancouver, British Columbia, on June 27, 2002 Judgment delivered from the Bench at Vancouver, British Columbia, on June 27, 2002 REASONS FOR JUDGMENT BY: SHARLOW J.A. Date: 20020627 Docket: A-516-01 Neutral citation: 2002 FCA 280 CORAM: LÉTOURNEAU J.A. ROTHSTEIN J.A. SHARLOW J.A. BETWEEN: THE MINISTER OF HUMAN RESOURCES DEVELOPMENT Applicant and JAMES R. DOYLE Respondent REASONS FOR JUDGMENT (Delivered from the Bench at Vancouver, British Columbia on June 27, 2002) SHARLOW J.A. [1] We are all of the view that this application for judicial review should be allowed on the basis that the Pension Appeals Board failed to consider all the evidence. There was some medical evidence in the record which the Pension Appeals Board did not refer to in its reasons. We infer that this evidence was ignored, because the Pension Appeals Board said there was no medical evidence. [2] We do not consider it necessary to express an opinion on the other issues raised by the applicant. [3] This application for judicial review will be allowed and the decision of the Pension Appeals Board set aside…
Full judgment (source text)
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Canada (Minister of Human Resources Development) v. Doyle Court (s) Database Federal Court of Appeal Decisions Date 2002-06-27 Neutral citation 2002 FCA 280 File numbers A-516-01 Decision Content Date: 20020627 Docket: A-516-01 Neutral citation: 2002 FCA 280 CORAM: LÉTOURNEAU J.A. ROTHSTEIN J.A. SHARLOW J.A. BETWEEN: THE MINISTER OF HUMAN RESOURCES DEVELOPMENT Applicant and JAMES R. DOYLE Respondent Heard at Vancouver, British Columbia, on June 27, 2002 Judgment delivered from the Bench at Vancouver, British Columbia, on June 27, 2002 REASONS FOR JUDGMENT BY: SHARLOW J.A. Date: 20020627 Docket: A-516-01 Neutral citation: 2002 FCA 280 CORAM: LÉTOURNEAU J.A. ROTHSTEIN J.A. SHARLOW J.A. BETWEEN: THE MINISTER OF HUMAN RESOURCES DEVELOPMENT Applicant and JAMES R. DOYLE Respondent REASONS FOR JUDGMENT (Delivered from the Bench at Vancouver, British Columbia on June 27, 2002) SHARLOW J.A. [1] We are all of the view that this application for judicial review should be allowed on the basis that the Pension Appeals Board failed to consider all the evidence. There was some medical evidence in the record which the Pension Appeals Board did not refer to in its reasons. We infer that this evidence was ignored, because the Pension Appeals Board said there was no medical evidence. [2] We do not consider it necessary to express an opinion on the other issues raised by the applicant. [3] This application for judicial review will be allowed and the decision of the Pension Appeals Board set aside. The matter will be remitted to a differently constituted panel of the Pension Appeals Board for rehearing. (Sgd.) Karen R. Sharlow" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-516-01 STYLE OF CAUSE: MHRD v. James R. Doyle PLACE OF HEARING: Vancouver, BC DATE OF HEARING: June 27, 2002 REASONS FOR JUDGMENT : SHARLOW J.A. DATED: June 27, 2002 APPEARANCES: Adrian Joseph FOR THE APPLICANT James R. Doyle FOR THE RESPONDENT SOLICITORS OF RECORD: Morris Rosenberg FOR THE APPLICANT Deputy Attorney General of Canada James R. Doyle FOR THE RESPONDENT Mission, B.C.
Source: decisions.fca-caf.gc.ca
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