Giagkoula v. Canada (Minister of Social Development)
The Court applied the patent unreasonableness standard of review to the Pension Appeals Board's decision and concluded that the Board's decision was not patently unreasonable, therefore dismissing the application.
Source-derived case information.
- Citation
- 2005 FCA 358
- Parties
- Applicant: Afroditi Giagkoula; Respondent: Minister of Social Development (formerly Minister of Human Resources Development)
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 31 October 2005
- Procedural Posture
- Appeal / Judgment
- Outcome
- Application dismissed.
- Legal Topics
- Standard of Review, Patent Unreasonableness, Judicial Review, Pension Appeals Board
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Afroditi Giagkoula
Applicant
Minister of Social Development (formerly Minister of Human Resources Development)
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 What is the applicable standard of review for decisions of the Pension Appeals Board?
- 2 Was the Pension Appeals Board's decision patently unreasonable?
Ratio Decidendi
The Court applied the patent unreasonableness standard of review to the Pension Appeals Board's decision and concluded that the Board's decision was not patently unreasonable, therefore dismissing the application.
Court Disposition
Application dismissed.
Orders
- Application dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Giagkoula v. Canada (Minister of Social Development) Court (s) Database Federal Court of Appeal Decisions Date 2005-10-31 Neutral citation 2005 FCA 358 File numbers A-38-05 Decision Content Date: 20051031 Docket: A-38-05 Citation: 2005 FCA 358 CORAM: LINDEN J.A. ROTHSTEIN J.A. PELLETIER J.A. BETWEEN: AFRODITI GIAGKOULA Applicant and MINISTER OF SOCIAL DEVELOPMENT FORMERLY MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent Heard at Toronto, Ontario, on October 31, 2005. Judgment delivered from the Bench at Toronto, Ontario, on October 31, 2005. REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20051031 Docket: A-38-05 Citation: 2005 FCA 358 CORAM: LINDEN J.A. ROTHSTEIN J.A. PELLETIER J.A. BETWEEN: AFRODITI GIAGKOULA Applicant and MINISTER OF SOCIAL DEVELOPMENT FORMERLY MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on October 31, 2005) LINDEN J.A. [1] In spite of the thorough and valiant argument of Mr. Carlisi, on behalf of the Applicant, we have not been persuaded that the standard of review in this case is other than patent unreasonableness. [2] Nor have we been persuaded that, on all the evidence before the Pension Appeals Board, their decision was patently unreasonable. [3] The application will be dismissed. AA.M. Linden@ J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-38-05 STYLE OF CAUSE: AFRODITI GIAGKOULA Applicant and MINISTER OF SOCIAL DEVELOPMENT FORMERLY MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: OCTOBER 31, 2005 REASONS FOR JUDGMENT OF THE COURT BY: LINDEN, ROTHSTEIN & PELLETIER JJ.A. DELIVERED FROM THE BENCH BY: LINDEN J.A. APPEARANCES BY: Peter Carlisi FOR THE APPLICANT Rose-Gabrielle Birba FOR THE RESPONDENT SOLICITORS OF RECORD: Kapelos & Carlisi Toronto, Ontario FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT