Andrews v. Canada (Attorney General)
The application is dismissed; dispositive legal conclusion is that the Review Tribunal may conduct a totally fresh determination under s.84(2) of the Canada Pension Plan using all evidence and the applicant should pursue that administrative remedy.
Source-derived case information.
- Citation
- 2003 FCA 253
- Parties
- Applicant: Paul Andrews; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 4 June 2003
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- Application dismissed.
- Legal Topics
- Canada Pension Plan, Review Tribunal Fresh Determination, Section 84(2), Judicial Review, Tribunal Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Andrews
Applicant
The Attorney General of Canada
Respondent
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether the application should be dismissed
- 2 Whether s.84(2) of the Canada Pension Plan permits a totally fresh determination by the Review Tribunal
- 3 What remedy remains available to the applicant
Ratio Decidendi
The application is dismissed; dispositive legal conclusion is that the Review Tribunal may conduct a totally fresh determination under s.84(2) of the Canada Pension Plan using all evidence and the applicant should pursue that administrative remedy.
Court Disposition
Application dismissed.
Orders
- Application dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Andrews v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-06-04 Neutral citation 2003 FCA 253 File numbers A-576-02 Decision Content Date: 20030604 Docket: A-576-02 Citation: 2003 FCA 253 CORAM: LINDEN J.A. ROTHSTEIN J.A. SEXTON J.A. BETWEEN: PAUL ANDREWS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Vancouver, British Columbia, on June 4, 2003. Judgment delivered at Vancouver, British Columbia, on June 4, 2003. REASONS FOR JUDGMENT BY: LINDEN J.A. Date: 20030604 Docket: A-576-02 Citation: 2003 FCA 253 CORAM: LINDEN J.A. ROTHSTEIN J.A. SEXTON J.A. BETWEEN: PAUL ANDREWS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT LINDEN J.A. [1] Regretfully, this application must be dismissed. However, we are advised by counsel for the Crown that Section 84(2) of the Canada Pension Plan permits in this case a totally fresh determination by the Review Tribunal based on all of the evidence that has been developed on behalf of Mr. Andrews. We expect that Mr. Andrews will undertake this course and wish him well. (Sgd.) "Allen M. Linden" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-576-02 STYLE OF CAUSE: Paul Andrews v. The Attorney General of Canada PLACE OF HEARING: Vancouver DATE OF HEARING: June 4, 2003 REASONS FOR JUDGMENT : LINDEN, ROTHSTEIN, SEXTON, JJ.A. DATED: June 4, 2003 APPEARANCES: Mr. Paul Andrews APPLICANT on his own behalf Mr. Michel Mathieu FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. Paul Andrews APPLICANT on his own behalf Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada