Wilganowski v. Canada (Attorney General)

Wilganowski v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2002-10-16 Neutral citation 2002 FCA 373 File numbers A-725-00 Decision Content Date: 20021016 Docket: A-725-00 Neutral citation: 2002 FCA 373 CORAM: ROTHSTEIN J.A. NOËL J.A. SEXTON J.A. BETWEEN: ALFRED WILGANOWSKI Applicant and HER MAJESTY THE QUEEN THE ATTORNEY GENERAL OF CANADA Respondent Heard at Winnipeg, Manitoba, on October 8, 2002. Judgment delivered at Ottawa, Ontario, on October 16, 2002. REASONS FOR JUDGMENT BY: SEXTON J.A. CONCURRED IN BY: ROTHSTEIN J.A. NOËL J.A. Date: 20021016 Docket: A-725-00 Neutral citation: 2002 FCA 373 CORAM: ROTHSTEIN J.A. NOËL J.A. SEXTON J.A. BETWEEN: ALFRED WILGANOWSKI Applicant and HER MAJESTY THE QUEEN THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT SEXTON J.A. [1] The applicant appeals from the decision of the Pension Appeals Board which had dismissed his appeal from the Review Tribunal. The Review Tribunal had denied his claim for disability benefits under the Canada Pension Plan. [2] The medical evidence before the Pension Appeals Board indicated that the applicant had for some time experienced severe back pain and had been on constant medication for some years. [3] However, there was also medical evidence to the effect that although the applicant could not engage in heavy lifting, twisting, or turning or stand or walk for prolonged periods of time, nevertheless, he would be suitable for light work not involving these activities. The Board found the applicant had given up seeking work and further found that none of the medical reports filed provided objective opinions to support the applicant's evidence that he was unable to perform other employment. The evidence before the Board was such as to allow this conclusion to be reached. [4] Therefore, it cannot be said that the decision of the Pension Appeals Board was patently unreasonable. [5] Before this Court, the applicant continued to maintain that he is incapable of finding work and I have considerable sympathy for the position in which he finds himself. Unfortunately, there is no basis in law on which this Court is able to interfere with the decision of the Pension Appeals Board. [6] The application will be dismissed but, in the circumstances, no costs will be awarded. "J. Edgar Sexton" J.A. "I agree" Marshall E. Rothstein J.A. "I agree" "Marc Noël" J.A. FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD DOCKET: A-725-00 STYLE OF CAUSE: Alfred Wilganowski v. Her Majesty the Queen, The Attorney General of Canada PLACE OF HEARING: Winnipeg, Manitoba DATE OF HEARING:October 8, 2002 REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE SEXTON DATED OCTOBER 16, 2002 APPEARANCES: Mr. Wilganowski on his own behalf Ms. Mary Tobin Oates for the Respondent Department of Justice ISP Unit, HRDC Legal Services SOLICITORS OF RECORD: Mr. Wilganowski on his own behalf Dauphin, Manitoba Morris Rosenberg Deputy Attorney General of Canada for the Respondent