Canada (Attorney General) v. Sverkas
The application is dismissed because the Pension Appeals Board decision is not distinguishable from Kent v. Canada (2004 FCA 420), and therefore the Board's decision granting disability benefits must stand.
Source-derived case information.
- Citation
- 2007 FCA 189
- Parties
- Applicant: Attorney General of Canada; Respondent: Dorothy Sverkas
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 14 May 2007
- Procedural Posture
- Judicial Review / Federal Court of Appeal Decision on Application for Judicial Review of Pension Appeals Board Decision
- Outcome
- Application for judicial review dismissed; Pension Appeals Board decision granting Canada Pension Plan disability benefits upheld.
- Legal Topics
- Judicial Review, Canada Pension Plan, Disability Benefits, Precedent Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General of Canada
Applicant
Dorothy Sverkas
Respondent
Procedural Posture
Judicial Review / Federal Court of Appeal Decision on Application for Judicial Review of Pension Appeals Board Decision
Legal Issues
- 1 Whether the Pension Appeals Board decision granting Canada Pension Plan disability benefits was distinguishable from Kent v. Canada (2004 FCA 420)
- 2 Whether the Crown established grounds to quash the Pension Appeals Board decision
Ratio Decidendi
The application is dismissed because the Pension Appeals Board decision is not distinguishable from Kent v. Canada (2004 FCA 420), and therefore the Board's decision granting disability benefits must stand.
Court Disposition
Application for judicial review dismissed; Pension Appeals Board decision granting Canada Pension Plan disability benefits upheld.
Orders
- Application for judicial review dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Sverkas Court (s) Database Federal Court of Appeal Decisions Date 2007-05-14 Neutral citation 2007 FCA 189 File numbers A-214-06 Decision Content Date: 20070514 Docket: A-214-06 Citation: 2007 FCA 189 CORAM: SEXTON J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and DOROTHY SVERKAS Respondent Heard at Toronto, Ontario, on May 14, 2007. Judgment delivered from the Bench at Toronto, Ontario, on May 14, 2007. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20070514 Docket: A-214-06 Citation: 2007 FCA 189 CORAM: SEXTON J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Applicant and DOROTHY SVERKAS Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on May 14, 2007) SHARLOW J.A. [1] This is an application by the Crown for judicial review of a decision of the Pension Appeals Board that followed Kent v. Canada, 2004 FCA 420. We agree with the Pension Appeals Board that this case is not distinguishable from Kent. [2] For that reason this application for judicial review will be dismissed. “K. Sharlow” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-214-06 AN APPLICATION FOR JUDICIAL REVIEW IN RESPECT OF THE DECISION OF THE DECISION MADE BY THE PENSION APPEALS BOARD ON MARCH 24, 2006, GRANTING THE RESPONDENT, MRS. SVERKAS, DISABILITY BENEFITS UNDER THE CANADA PENSION PLAN, R.S.C 1985. STYLE OF CAUSE: ATTORNEY GENERAL OF CANADA v. DOROTHY SVERKAS PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: MAY 14, 2007 REASONS FOR JUDGMENT OF THE COURT BY: (SEXTON, SHARLOW & MALONE JJ.A.) DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES: Ms. Florence Clancy FOR THE APPLICANT Ms. Dorothy Sverkas FOR THE RESPONDENT (Self-Represented) SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPLICANT Ms. Dorothy Sverkas Richmond Hill, Ontario FOR THE RESPONDENT (Self-Represented)