Stoyek v. Canada (Attorney General)

Stoyek v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2017-11-15
Neutral citation
2017 FCA 223
File numbers
A-43-17
Decision Content
Date: 20171115
Docket: A-43-17
Citation: 2017 FCA 223
CORAM:
NADON J.A.
NEAR J.A.
LASKIN J.A.
BETWEEN:
PETER BRIAN STOYEK
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Ottawa, Ontario, on November 15, 2017.
Judgment delivered from the Bench at Ottawa, Ontario, on November 15, 2017.
REASONS FOR JUDGMENT OF THE COURT BY:
NADON J.A.
Date: 20171115
Docket: A-43-17
Citation: 2017 FCA 223
CORAM:
NADON J.A.
NEAR J.A.
LASKIN J.A.
BETWEEN:
PETER BRIAN STOYEK
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on November 15, 2017).
NADON J.A.
[1] Regretfully for the appellant, we have not been persuaded, notwithstanding Mr. Ghignone’s forceful arguments, that the Federal Court (2017 FC 47) erred in refusing to interfere with the decision of the Veterans Review and Appeal Board, constituted as the Entitlement Reconsideration Panel.
[2] More particularly, it is our view that the Reconsideration Panel made no error in its determination that there was no basis to interfere with the first panel’s (the Appeal Panel) decision that the appellant was entitled to receive an exceptional incapacity allowance under section 72 of the Pension Act, R.S.C. 1985, c. P-6 as of March 1, 2011 rather than February 17, 2009.
[3] On the evidence before the Reconsideration Panel, it cannot be said, in our respectful view, that its conclusion is unreasonable or that it is the result of an error of law.
[4] For these reasons, the appeal will be dismissed.
"M Nadon"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-43-17
(APPEAL FROM A JUDGMENT OF THE HONOURABLE MR. JUSTICE ANNIS OF THE FEDERAL COURT OF CANADA DATED JANUARY 13, 2017 DOCKET NO. T-807-16)
STYLE OF CAUSE:
PETER BRIAN STOYEK v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING:
Ottawa, Ontario
DATE OF HEARING:
November 15, 2017
REASONS FOR JUDGMENT OF THE COURT BY:
NADON J.A.
NEAR J.A.
LASKIN J.A.
DELIVERED FROM THE BENCH BY:
NADON J.A.
APPEARANCES:
Roberto Ghignone
Marion Unrau
For The Appellant
Patrick Bendin
For The Respondent
SOLICITORS OF RECORD:
Borden Ladner Gervais LLP
Ottawa, Ontario
For The Appellant
Nathalie G. Drouin
Deputy Attorney General of Canada
For The Respondent