Laginha v. Canada (Minister of Human Resources Development)
The Pension Appeals Board applied the correct legal test and its findings and conclusions of fact were not patently unreasonable; therefore the application is dismissed.
Source-derived case information.
- Citation
- 2003 FCA 258
- Parties
- Applicant: Fernando Jose Laghina; Respondent: The Minister of Human Resources Development
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 5 June 2003
- Procedural Posture
- Appeal (judicial Review of Administrative Decision) / Final Judgment on Appeal
- Outcome
- Application dismissed
- Legal Topics
- Standard of Review, Reasonableness, Pension Appeals Board, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fernando Jose Laghina
Applicant
The Minister of Human Resources Development
Respondent
Procedural Posture
Appeal (judicial Review of Administrative Decision) / Final Judgment on Appeal
Legal Issues
- 1 Whether the Pension Appeals Board applied the correct legal test
- 2 Whether the Board made a patently unreasonable error in its findings or conclusions of fact
Ratio Decidendi
The Pension Appeals Board applied the correct legal test and its findings and conclusions of fact were not patently unreasonable; therefore the application is dismissed.
Court Disposition
Application dismissed
Orders
- Application dismissed
- Respondent awarded costs of 1000 CAD inclusive of disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Laginha v. Canada (Minister of Human Resources Development) Court (s) Database Federal Court of Appeal Decisions Date 2003-06-05 Neutral citation 2003 FCA 258 File numbers A-228-02 Decision Content Date: 20030605 Docket: A-228-02 Citation: 2003 FCA 258 CORAM: LINDEN J.A. ROTHSTEIN J.A. SEXTON J.A. BETWEEN: FERNANDO JOSE LAGHINA Applicant and THE MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent Heard at Vancouver, British Columbia on June 5, 2003. Judgment delivered at Vancouver, British Columbia on June 5, 2003. REASONS FOR JUDGMENT BY: ROTHSTEIN J.A. CONCURRED IN BY: CONCURRING REASONS BY: CONCURRING REASONS IN RESULT ONLY BY: DISSENTING REASONS BY: Date: 20030605 Docket: A-228-02 Citation: 2003 FCA 258 CORAM: LINDEN J.A. ROTHSTEIN J.A. SEXTON J.A. BETWEEN: FERNANDO JOSE LAGHINA Applicant and THE MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent REASONS FOR JUDGMENT ROTHSTEIN J.A. [1] In spite of applicant's counsel's argument, we are satisfied that the Pension Appeals Board applied the correct legal test. We are also satisfied that the Board made no patently unreasonable error in relation to its findings or conclusions of fact. [2] We will dismiss this application with costs of $1,000 inclusive of disbursements to the Respondent. (Sgd.) "Marshall E. Rothstein" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-228-02 STYLE OF CAUSE: Fernando Jose Laginha v. Minister of Human Resources Development PLACE OF HEARING: Vancouver DATE OF HEARING: June 5, 2003 REASONS FOR JUDGMENT : LINDEN, ROTHSTEIN & SEXTON, JJ.A. CONCURRED IN BY: DATED: June 5, 2003 APPEARANCES: Mr. Manuel A. Azevedo FOR THE APPLICANT Mr. James E. Farenholtz Mr. Adrian Joseph FOR THE RESPONDENT SOLICITORS OF RECORD: Azevedo & Associates FOR THE APPLICANT (Vancouver) Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada