Statton v. Canada (Attorney General)
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Statton v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2006-11-14 Neutral citation 2006 FCA 370 File numbers A-218-05 Decision Content Date: 20061114 Dockets: A-218-05 A-343-05 Citation: 2006 FCA 370 CORAM: NADON J.A. PELLETIER J.A. MALONE J.A. Docket: A-218-05 BETWEEN: CHRISTY STATTON Applicant and ATTORNEY GENERAL OF CANADA Respondent Docket: A-343-05 BETWEEN: CAROLE PREVOST Applicant and ATTORNEY GENERAL OF CANADA Respondent Heard at Ottawa, Ontario, on November 14, 2006. Judgment delivered from the Bench at Ottawa, Ontario, on November 14, 2006. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20061114 Dockets: A-218-05 A-343-05 Citation: 2006 FCA 370 CORAM: NADON J.A. PELLETIER J.A. MALONE J.A. Docket : A-218-05 BETWEEN: CHRISTY STATTON Applicant and ATTORNEY GENERAL OF CANADA Respondent Docket: A-343-05 CAROLE PREVOST Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on November 14, 2006) NADON J.A. [1] These reasons are the reasons of the Court in applications for judicial review A-218-05 and A-343-05. [2] We are all of the view that the Pension Appeals Board made no error in concluding that section 74 of the Canada Pension Plan governed applications for disabled contributors’ child benefits and that subsection 60(8) was inapplicable. For greater certainty, we would add that in our view, subsection 60(8) is not relevant to applications for ben…
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Statton v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2006-11-14 Neutral citation 2006 FCA 370 File numbers A-218-05 Decision Content Date: 20061114 Dockets: A-218-05 A-343-05 Citation: 2006 FCA 370 CORAM: NADON J.A. PELLETIER J.A. MALONE J.A. Docket: A-218-05 BETWEEN: CHRISTY STATTON Applicant and ATTORNEY GENERAL OF CANADA Respondent Docket: A-343-05 BETWEEN: CAROLE PREVOST Applicant and ATTORNEY GENERAL OF CANADA Respondent Heard at Ottawa, Ontario, on November 14, 2006. Judgment delivered from the Bench at Ottawa, Ontario, on November 14, 2006. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20061114 Dockets: A-218-05 A-343-05 Citation: 2006 FCA 370 CORAM: NADON J.A. PELLETIER J.A. MALONE J.A. Docket : A-218-05 BETWEEN: CHRISTY STATTON Applicant and ATTORNEY GENERAL OF CANADA Respondent Docket: A-343-05 CAROLE PREVOST Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on November 14, 2006) NADON J.A. [1] These reasons are the reasons of the Court in applications for judicial review A-218-05 and A-343-05. [2] We are all of the view that the Pension Appeals Board made no error in concluding that section 74 of the Canada Pension Plan governed applications for disabled contributors’ child benefits and that subsection 60(8) was inapplicable. For greater certainty, we would add that in our view, subsection 60(8) is not relevant to applications for benefits arising from the legal incapacity of an applicant. [3] Hence, pursuant to subsection 74(2), benefits could not be made payable “… earlier than the twelfth month preceding the month following the month in which the application was received”. [4] As a result, the applications will be dismissed, but without costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-218-05 STYLE OF CAUSE: Christy Statton v. Attorney General of Canada PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: November 14, 2006 REASONS FOR JUDGMENT OF THE COURT BY: Nadon, Pelletier and Malone JJ.A. DELIVERED FROM THE BENCH BY: Nadon J.A. APPEARANCES: Louis Michaud FOR THE APPLICANT Sandra Gruescu FOR THE RESPONDENT SOLICITORS OF RECORD: Clinique juridique populaire de Prescott et Russell Inc. Hawkesbury, Ontario FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-343-05 STYLE OF CAUSE: Carole Prevost v. Attorney General of Canada PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: November 14, 2006 REASONS FOR JUDGMENT OF THE COURT BY: Nadon, Pelletier and Malone JJ.A. DELIVERED FROM THE BENCH BY: Nadon J.A. APPEARANCES: Louis Michaud FOR THE APPLICANT Sandra Gruescu FOR THE RESPONDENT SOLICITORS OF RECORD: Clinique juridique populaire de Prescott et Russell Inc. Hawkesbury, Ontario FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca