Swain v. Canada (Attorney General)
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Swain v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-11-19 Neutral citation 2003 FCA 434 File numbers A-54-03 Decision Content Date: 20031119 Docket: A-54-03 Citation: 2003 FCA 434 CORAM: STRAYER J.A. BETWEEN: ROXANNE SWAIN Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR ORDER STRAYER J.A. [1] The applicant seeks now to add to the record, in this application for judicial review of a decision of the Pension Appeals Board, new material concerning her medical condition in 1998 and 1999. This material was not before the Board when it heard her case in September, 2002 and found that she was not disabled within subparagraph 42(2)(a)(i) of the Canada Pension Plan. [2] On a judicial review we can only consider whether the Board made any reviewable error in deciding as it did on the basis of the material before it. Therefore we cannot consider evidence on the merits that was not before the Board. [3] Accordingly this material cannot be added to the record at this time and the motion is dismissed. (s) "B.L. Strayer" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-54-03 STYLE OF CAUSE: Roxanne Swain v. The Attorney General of Canada MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE STRAYER DATED: November 19, 2003 WRITTEN REPRESENTATIONS: Ms. Roxanne Swain Florence, Nova Scotia ON HER OWN BEHALF Mr. John Vaissi Nagy Department of Just…
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Swain v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-11-19 Neutral citation 2003 FCA 434 File numbers A-54-03 Decision Content Date: 20031119 Docket: A-54-03 Citation: 2003 FCA 434 CORAM: STRAYER J.A. BETWEEN: ROXANNE SWAIN Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR ORDER STRAYER J.A. [1] The applicant seeks now to add to the record, in this application for judicial review of a decision of the Pension Appeals Board, new material concerning her medical condition in 1998 and 1999. This material was not before the Board when it heard her case in September, 2002 and found that she was not disabled within subparagraph 42(2)(a)(i) of the Canada Pension Plan. [2] On a judicial review we can only consider whether the Board made any reviewable error in deciding as it did on the basis of the material before it. Therefore we cannot consider evidence on the merits that was not before the Board. [3] Accordingly this material cannot be added to the record at this time and the motion is dismissed. (s) "B.L. Strayer" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-54-03 STYLE OF CAUSE: Roxanne Swain v. The Attorney General of Canada MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE STRAYER DATED: November 19, 2003 WRITTEN REPRESENTATIONS: Ms. Roxanne Swain Florence, Nova Scotia ON HER OWN BEHALF Mr. John Vaissi Nagy Department of Justice Ottawa, Ontario FOR THE RESPONDENT SOLICITORS OF RECORD: Ms. Roxanne Swain Florence, Nova Scotia ON HER OWN BEHALF Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca