Canada (Minister of Human Resources Development) v. Kumar
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Canada (Minister of Human Resources Development) v. Kumar Court (s) Database Federal Court of Appeal Decisions Date 2004-11-30 Neutral citation 2004 FCA 405 File numbers A-205-04 Decision Content Date: 20041130 Docket: A-205-04 Citation: 2004 FCA 405 CORAM: LINDEN J.A. LÉTOURNEAU J.A. SHARLOW J.A. BETWEEN: MINISTER OF HUMAN RESOURCES DEVELOPMENT Applicant and VIJAY KUMAR Respondent Heard at Vancouver, British Columbia on November 30, 2004. Judgment delivered from the Bench at Vancouver, British Columbia on November 30, 2004. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20041130 Docket: A-205-04 Citation: 2004 FCA 405 CORAM: LINDEN J.A. LÉTOURNEAU J.A. SHARLOW J.A. BETWEEN: MINISTER OF HUMAN RESOURCES DEVELOPMENT Applicant and VIJAY KUMAR Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia on November 30, 2004) SHARLOW J.A. [1] Having reviewed the record and heard the submissions, we are all of the view that this application for judicial review should be dismissed. [2] The reasons for decision of the Pension Appeals Board are not satisfactory in certain respects. However, we cannot conclude that there is any error that warrants the intervention of this Court. We believe that the Board followed the proper course when it directed that the issue of disability be determined at a new hearing where the whole of the evidence can be assessed along with the credibility of the witnesses. [3] The application for judicial revie…
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Canada (Minister of Human Resources Development) v. Kumar Court (s) Database Federal Court of Appeal Decisions Date 2004-11-30 Neutral citation 2004 FCA 405 File numbers A-205-04 Decision Content Date: 20041130 Docket: A-205-04 Citation: 2004 FCA 405 CORAM: LINDEN J.A. LÉTOURNEAU J.A. SHARLOW J.A. BETWEEN: MINISTER OF HUMAN RESOURCES DEVELOPMENT Applicant and VIJAY KUMAR Respondent Heard at Vancouver, British Columbia on November 30, 2004. Judgment delivered from the Bench at Vancouver, British Columbia on November 30, 2004. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20041130 Docket: A-205-04 Citation: 2004 FCA 405 CORAM: LINDEN J.A. LÉTOURNEAU J.A. SHARLOW J.A. BETWEEN: MINISTER OF HUMAN RESOURCES DEVELOPMENT Applicant and VIJAY KUMAR Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia on November 30, 2004) SHARLOW J.A. [1] Having reviewed the record and heard the submissions, we are all of the view that this application for judicial review should be dismissed. [2] The reasons for decision of the Pension Appeals Board are not satisfactory in certain respects. However, we cannot conclude that there is any error that warrants the intervention of this Court. We believe that the Board followed the proper course when it directed that the issue of disability be determined at a new hearing where the whole of the evidence can be assessed along with the credibility of the witnesses. [3] The application for judicial review will be dismissed. (Sgd.) "Karen R. Sharlow" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-205-04 APPLICATION FOR JUDICIAL REVIEW AGAINST A DECISION OF THE PENSION APPEALS BOARD STYLE OF CAUSE: Minister of Human Resources Development v. Vijay Kumar PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: 30 November 2004 REASONS FOR JUDGMENT OF THE COURT: Linden J.A. , Létourneau J.A., Sharlow J.A. DELIVERED FROM THE BENCH BY: Sharlow J.A. APPEARANCES: Ms. Tania Nolet FOR THE APPLICANT Mr. Vijay Kumar FOR THE RESPONDENT SOLICITORS OF RECORD: Morris Rosenberg, Deputy Attorney General of Canada Ottawa, Ontario FOR THE APPLICANT Mr. Vijay Kumar ( on his own behalf ) FOR THE RESPONDENT Vancouver, BC
Source: decisions.fca-caf.gc.ca