Holloway v. Canada (Minister of Human Resources Development)
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Holloway v. Canada (Minister of Human Resources Development) Court (s) Database Federal Court of Appeal Decisions Date 2001-11-20 Neutral citation 2001 FCA 351 File numbers A-501-00 Decision Content Date: 20011120 Docket: A-501-00 Neutral citation: 2001 FCA 351 CORAM: STRAYER J.A. LINDEN J.A. SHARLOW J.A. BETWEEN: DENNIS J. HOLLOWAY Applicant and MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent Heard at Winnipeg, Manitoba, on November 20, 2001 Delivered orally from the Bench at Winnipeg, Manitoba, on November 20, 2001 REASONS FOR JUDGMENT BY: LINDEN J.A. Date: 20011120 Docket: A-501-00 Neutral citation: 2001 FCA 351 CORAM: STRAYER J.A. LINDEN J.A. SHARLOW J.A. BETWEEN: DENNIS J. HOLLOWAY Applicant and MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent REASONS FOR JUDGMENT (Delivered orally from the Bench at Winnipeg, Manitoba, on November 20, 2001) LINDEN J.A. [1] This application for judicial review of a determination of the Pension Appeals Board dated December 14, 1999 was decided before this Court's decision in Villani v. Canada [2001] F.C.J. No. 1217, which clarified the definition of disability contained in s. 42(2) of the Canada Pension Plan. The Board, therefore, did not have the benefit of the reasons in Villani and, hence, did not apply the proper test. The application for judicial review must be allowed on that basis alone. [2] Consequently, there is no need to consider the natural justice issue concerning the lack of cross-examination of Dr. Hoy. [3] The matter w…
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Holloway v. Canada (Minister of Human Resources Development) Court (s) Database Federal Court of Appeal Decisions Date 2001-11-20 Neutral citation 2001 FCA 351 File numbers A-501-00 Decision Content Date: 20011120 Docket: A-501-00 Neutral citation: 2001 FCA 351 CORAM: STRAYER J.A. LINDEN J.A. SHARLOW J.A. BETWEEN: DENNIS J. HOLLOWAY Applicant and MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent Heard at Winnipeg, Manitoba, on November 20, 2001 Delivered orally from the Bench at Winnipeg, Manitoba, on November 20, 2001 REASONS FOR JUDGMENT BY: LINDEN J.A. Date: 20011120 Docket: A-501-00 Neutral citation: 2001 FCA 351 CORAM: STRAYER J.A. LINDEN J.A. SHARLOW J.A. BETWEEN: DENNIS J. HOLLOWAY Applicant and MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent REASONS FOR JUDGMENT (Delivered orally from the Bench at Winnipeg, Manitoba, on November 20, 2001) LINDEN J.A. [1] This application for judicial review of a determination of the Pension Appeals Board dated December 14, 1999 was decided before this Court's decision in Villani v. Canada [2001] F.C.J. No. 1217, which clarified the definition of disability contained in s. 42(2) of the Canada Pension Plan. The Board, therefore, did not have the benefit of the reasons in Villani and, hence, did not apply the proper test. The application for judicial review must be allowed on that basis alone. [2] Consequently, there is no need to consider the natural justice issue concerning the lack of cross-examination of Dr. Hoy. [3] The matter will be remitted for a new hearing by a differently constituted panel in order to assess the applicant's disability in accordance with the test in Villani, as of December 31, 1997, the last date on which he could qualify for benefits. The new panel may rely on evidence already before the Board, and may also permit any new oral or documentary evidence which it feels would be of assistance in making its determination. Costs to the Applicant. "A.M. Linden" J.A. Winnipeg, Manitoba November 20, 2001 FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-501-00 STYLE OF CAUSE: Dennis J. Holloway v. Minister of Human Resources Development PLACE OF HEARING: Winnipeg, Manitoba DATE OF HEARING: November 20, 2001 REASONS FOR JUDGMENT : LINDEN J.A. DATED: November 20, 2001 APPEARANCES: Joe Aiello FOR THE APPLICANT Voula Karlaftis Prakash Diar FOR THE RESPONDENT Department of Justice Human Resources Development Canada 333 River Road, Tower A Vanier, Ontario K1A 0L1 SOLICITORS OF RECORD: Phillips, Aiello FOR THE APPLICANT Barristers & Solicitors 200 - 668 Corydon Avenue Winnipeg, Manitoba R3M 0X7 Morris Rosenberg Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca