Lauretano v. Canada (Minister of Human Resources Development)
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Lauretano v. Canada (Minister of Human Resources Development) Court (s) Database Federal Court of Appeal Decisions Date 2002-12-09 Neutral citation 2002 FCA 490 File numbers A-456-01 Decision Content Date: 20021210 Docket: A-456-01 Neutral citation: 2002 FCA 490 CORAM: STONE J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ANTONIO LAURETANO Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent Heard at Toronto, Ontario, on Monday, December 9th, 2002. Judgment delivered from the Bench at Toronto, Ontario, on Monday, December 9th, 2002. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20021210 Docket: A-456-01 Neutral citation: 2002 FCA 490 CORAM: STONE J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ANTONIO LAURETANO Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Monday, December 9th, 2002.) SHARLOW, J.A. [1] We have carefully reviewed the record and considered the submissions of counsel for the applicant and counsel for the Minister. We note that when the Pension Appeals Board rendered its decision, it did not have the benefit of the judgment of this Court in Villani v. Canada (Attorney General) (C.A.), [2002] 1 F.C. 130. We are not satisfied that the majority of the Pension Appeals Board had in mind the correct legal test for the "severity" of a disability, as now explained in Villani. For that reason, this application for judicial review will be allowed, the decision…
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Lauretano v. Canada (Minister of Human Resources Development) Court (s) Database Federal Court of Appeal Decisions Date 2002-12-09 Neutral citation 2002 FCA 490 File numbers A-456-01 Decision Content Date: 20021210 Docket: A-456-01 Neutral citation: 2002 FCA 490 CORAM: STONE J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ANTONIO LAURETANO Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent Heard at Toronto, Ontario, on Monday, December 9th, 2002. Judgment delivered from the Bench at Toronto, Ontario, on Monday, December 9th, 2002. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20021210 Docket: A-456-01 Neutral citation: 2002 FCA 490 CORAM: STONE J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ANTONIO LAURETANO Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Monday, December 9th, 2002.) SHARLOW, J.A. [1] We have carefully reviewed the record and considered the submissions of counsel for the applicant and counsel for the Minister. We note that when the Pension Appeals Board rendered its decision, it did not have the benefit of the judgment of this Court in Villani v. Canada (Attorney General) (C.A.), [2002] 1 F.C. 130. We are not satisfied that the majority of the Pension Appeals Board had in mind the correct legal test for the "severity" of a disability, as now explained in Villani. For that reason, this application for judicial review will be allowed, the decision of the Pension Appeals Board will be set aside, and this matter will be remitted to the Pension Appeals Board for redetermination by a newly constituted panel. "Karen R. Sharlow" J.A. FEDERAL COURT OF CANADA APPEAL DIVISION Names of Counsel and Solicitors of Record DOCKET: A-456-01 STYLE OF CAUSE: ANTONIO LAURETANO Applicant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent DATE OF HEARING: MONDAY, DECEMBER 9, 2002 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW, J.A. DATED: TUESDAY, DECEMBER 10, 2002 JUDGMENT DELIVERED FROM THE BENCH ON MONDAY, DECEMBER 9, 2002. APPEARANCES BY: Ms. Minipreet Bhatia For the Applicant Ms. Florence Clancy For the Respondent SOLICITORS OF RECORD: Ms. Minipreet Bhatia 3601 Victoria Park Ave Suite 405 Scarborough, Ontario. M1W 3Y3 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent
Source: decisions.fca-caf.gc.ca