Zaffino v. Canada (Human Resources Development)
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Zaffino v. Canada (Human Resources Development) Court (s) Database Federal Court of Appeal Decisions Date 2003-03-18 Neutral citation 2003 FCA 143 File numbers A-484-01 Decision Content Date: 20030318 Docket: A-484-01 Neutral citation: 2003 FCA 143 CORAM: STRAYER J.A. NADON J.A. EVANS J.A. BETWEEN: COSIMO ZAFFINO Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT CANADA Respondent Heard at Toronto, Ontario, on Tuesday, March 18, 2003. Judgment delivered from the Bench at Toronto, Ontario, on Tuesday, March 18, 2003. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20030318 Docket: A-484-01 Neutral citation: 2003 FCA 143 CORAM: STRAYER J.A. NADON J.A. EVANS J.A. BETWEEN: COSIMO ZAFFINO Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Tuesday, March 18, 2003.) NADON J.A. [1] The Applicant has been unable to convince us that the Pension Plan Appeals Board made any error which would allow us to intervene. [2] The Board, after a careful review of the evidence and in particular of the medical opinions, concluded that the Applicant had not established that he was disabled as of December 31, 1993, i.e. that his physical or mental disability was severe and prolonged as those words are defined in paragraph 42(2)(a) of the Canada Pension Plan, R.S.C. 1985, c. C-8. [3] We see no reason to disturb this conclusion which, in our view, cannot in any way be characterized …
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Zaffino v. Canada (Human Resources Development) Court (s) Database Federal Court of Appeal Decisions Date 2003-03-18 Neutral citation 2003 FCA 143 File numbers A-484-01 Decision Content Date: 20030318 Docket: A-484-01 Neutral citation: 2003 FCA 143 CORAM: STRAYER J.A. NADON J.A. EVANS J.A. BETWEEN: COSIMO ZAFFINO Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT CANADA Respondent Heard at Toronto, Ontario, on Tuesday, March 18, 2003. Judgment delivered from the Bench at Toronto, Ontario, on Tuesday, March 18, 2003. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20030318 Docket: A-484-01 Neutral citation: 2003 FCA 143 CORAM: STRAYER J.A. NADON J.A. EVANS J.A. BETWEEN: COSIMO ZAFFINO Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Tuesday, March 18, 2003.) NADON J.A. [1] The Applicant has been unable to convince us that the Pension Plan Appeals Board made any error which would allow us to intervene. [2] The Board, after a careful review of the evidence and in particular of the medical opinions, concluded that the Applicant had not established that he was disabled as of December 31, 1993, i.e. that his physical or mental disability was severe and prolonged as those words are defined in paragraph 42(2)(a) of the Canada Pension Plan, R.S.C. 1985, c. C-8. [3] We see no reason to disturb this conclusion which, in our view, cannot in any way be characterized as unreasonable. Nor were we persuaded that the medical reports, which counsel says the Board failed to refer to or consider, were of a sufficient probative value as to render the Board’s reasons inadequate in law. [4] For these reasons, this judicial review application will be dismissed. “Marc Nadon” J.A. FEDERAL COURT OF CANADA APPEAL DIVISION Names of Counsel and Solicitors of Record DOCKET: A-484-01 STYLE OF CAUSE: COSIMO ZAFFINO Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT CANADA Respondent DATE OF HEARING: TUESDAY, MARCH 18, 2003 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. DATED: TUESDAY, MARCH 18, 2003 DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON MARCH 18, 2003. APPEARANCES BY: Mr. Tony Afecto For the Applicant Mr. Stephen D. Latte For the Respondent SOLICITORS OF RECORD: Tony Afecto Mostyn & Mostyn 845 St. Clair Ave. West 4th Floor Toronto, Ontario M6C 1C3 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent
Source: decisions.fca-caf.gc.ca