Canada (Minister of Human Resources Development) v. Gillanders

Canada (Minister of Human Resources Development) v. Gillanders
Court (s) Database
Federal Court of Appeal Decisions
Date
2006-01-30
Neutral citation
2006 FCA 37
File numbers
A-226-05
Decision Content
Date: 20060130
Docket: A-226-05
Citation: 2006 FCA 37
CORAM: DESJARDINS J.A.
DÉCARY J.A.
SEXTON J.A.
BETWEEN:
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Applicant
and
VALERIE L. GILLANDERS
Respondent
Heard at Vancouver, British Columbia, on January 30, 2006.
Judgment delivered from the Bench at Vancouver, British Columbia, on January 30, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20060130
Docket: A-226-05
Citation: 2006 FCA 37
CORAM: DESJARDINS J.A.
DÉCARY J.A.
SEXTON J.A.
BETWEEN:
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Applicant
and
VALERIE L. GILLANDERS
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on January 30, 2006)
DÉCARY J.A.
[1] Faced with medical evidence that showed that Ms. Gillanders could do "some types of light work" and her testimony, which was found credible, to the effect that she had tried numerous minor jobs, but was unable to continue with them because of her disability, the Pension Appeals Board reached the conclusion that Ms. Gillanders was incapable regularly of pursuing any substantially gainful occupation within the meaning of section 42 of the Canada Pension Plan.
[2] The Board could have explained its reasoning in a more convincing way, but we cannot say that we cannot understand what led its members to conclude as they did.
[3] The ultimate finding of the Board is not patently unreasonable. It was open to the Board in the circumstances of this case, where Ms. Gillanders had already been found to be disabled for four years, to reach the view that the light work that was available to her, she was physically unable to continue to perform.
[4] The application for judicial review will be dismissed with costs.
(Sgd.) "Robert Décary"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-226-05
(APPEAL FROM A JUDGMENT OR ORDER OF THE (SEE COMMENT IN LEFT MARGIN) DATED (DATE), (SEE COMMENT IN LEFT MARGIN) NO. (DOCKET NUMBER) if applicable.)
STYLE OF CAUSE: Minister of Human Resources Development
v Valerie L. Gillanders
PLACE OF HEARING: Vancouver BC
DATE OF HEARING: January 30th 2006
REASONS FOR JUDGMENT OF THE COURT: Desjardins J.A.
Décary J.A.
Sexton J.A.
DELIVERED FROM THE BENCH BY: Décary J.A.
APPEARANCES:
Stephen Bertrand
FOR THE APPLICANT
Brad Garside/Ivar Lee
FOR THE RESPONDENT
SOLICITORS OF RECORD:
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE APPLICANT
Paine Edmonds LLP
Vancouver BC
FOR THE RESPONDENT