Saraffian v. Canada (Human Resources and Skills Development)
The Review Tribunal's factual finding that the appellant did not reside in Canada prior to July 1, 1977 was reasonable and not a reviewable error; the Federal Court properly declined to intervene and the Federal Court of Appeal will dismiss the appeal.
Source-derived case information.
- Citation
- 2013 FCA 232
- Parties
- Appellant: Hanna Saraffian; Respondent: Minister of Human Resources and Skills Development
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 3 October 2013
- Procedural Posture
- Judicial Review of Administrative Decision (old Age Security Pension) / Appeal to the Federal Court of Appeal From Federal Court Judgment
- Outcome
- Appeal dismissed with costs; Federal Court judgment affirmed
- Legal Topics
- Residency Requirement, Old Age Security Act, Standard of Review, Review Tribunal Factual Findings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hanna Saraffian
Appellant
Minister of Human Resources and Skills Development
Respondent
Procedural Posture
Judicial Review of Administrative Decision (old Age Security Pension) / Appeal to the Federal Court of Appeal From Federal Court Judgment
Legal Issues
- 1 Whether the Review Tribunal erred in finding the appellant did not reside in Canada prior to July 1, 1977
- 2 Whether the Federal Court judge erred in refusing to intervene in the Review Tribunal's decision
Ratio Decidendi
The Review Tribunal's factual finding that the appellant did not reside in Canada prior to July 1, 1977 was reasonable and not a reviewable error; the Federal Court properly declined to intervene and the Federal Court of Appeal will dismiss the appeal.
Court Disposition
Appeal dismissed with costs; Federal Court judgment affirmed
Orders
- Appeal dismissed
- Costs awarded to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
Saraffian v. Canada (Human Resources and Skills Development) Court (s) Database Federal Court of Appeal Decisions Date 2013-10-03 Neutral citation 2013 FCA 232 File numbers A-40-13 Decision Content Date: 20131003 Docket: A-40-13 Citation: 2013 FCA 232 CORAM: NOËL J.A. PELLETIER J.A. TRUDEL J.A. BETWEEN: HANNA SARAFFIAN Appellant and MINISTER OF HUMAN RESOURCES AND SKILLS DEVELOPMENT Respondent Heard at Montréal, Quebec, on October 2, 2013. Judgment delivered at Montréal, Quebec, on October 3, 2013. REASONS FOR JUDGMENT OF THE COURT BY: THE COURT Date: 20131003 Docket: A-40-13 Citation: 2013 FCA 232 CORAM: NOËL J.A. PELLETIER J.A. TRUDEL J.A. BETWEEN: HANNA SARAFFIAN Appellant and MINISTER OF HUMAN RESOURCES AND SKILLS DEVELOPMENT Respondent REASONS FOR JUDGMENT OF THE COURT [1] This is an appeal from a judgment of the Federal Court, wherein Mosley J. (the Federal Court judge) dismissed Ms. Hanna Saraffian’s (the appellant) application for judicial review of the decision of the Office of the Commissioner of Review Tribunals for the Canada Pension Plan and Old Age Security (the Review Tribunal), which confirmed the Minister of Human Resources and Skills Development’s decision to award the appellant a partial pension under the Old Age Security Act, R.S.C. 1985, c. O-9. [2] The appellant was granted a partial rather than a full pension on the ground that she was not a resident of Canada prior to July 1, 1977. The sole issue in this appeal is whether the Federal Court judge could properly hold that the Review Tribunal committed no reviewable error in holding that the appellant did not reside in Canada prior to that date. [3] After having carefully considered the appellant’s submissions before the Federal Court judge and before this Court, we can detect no error in the Federal Court judge’s refusal to intervene. [4] The appeal will be dismissed with costs. "Marc Noël" J.A. "J.D. Denis Pelletier" J.A. "Johanne Trudel" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-40-13 APPEAL FROM THE JUDGMENT OF THE HONOURABLE MR. JUSTICE MOSLEY DATED DECEMBER 20, 2012 IN FILE NO. T-1897-10 STYLE OF CAUSE: HANNA SARAFFIAN v. MINISTER OF HUMAN RESOURCES AND SKILLS DEVELOPMENT PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 2, 2013 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. PELLETIER J.A. TRUDEL J.A. REASONS DATED: October 3, 2013 APPEARANCES: Hanna Saraffian For The Appellant (ON HER OWN BEHALF) Michael Stevenson For The Respondent SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada For The Respondent