Stoyek v. Canada (Attorney General)
The Reconsideration Panel’s determination that there was no basis to alter the Appeal Panel’s finding on the commencement date for the exceptional incapacity allowance was supported by the evidence, not unreasonable and did not involve an error of law; therefore the Federal Court of Appeal must dismiss the appeal...
Source-derived case information.
- Citation
- 2017 FCA 223
- Parties
- Appellant: Peter Brian Stoyek; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 15 November 2017
- Procedural Posture
- Appeal From Decision of the Veterans Review and Appeal Board (entitlement Reconsideration Panel) and From Federal Court Judgment / Federal Court of Appeal Judgment on Appeal (final Disposition)
- Outcome
- Appeal dismissed.
- Legal Topics
- Reasonableness Standard of Review, Entitlement to Exceptional Incapacity Allowance, Interpretation of Statutory Entitlement Date, Deference to Administrative Fact‑finding
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Brian Stoyek
Appellant
Attorney General of Canada
Respondent
Procedural Posture
Appeal From Decision of the Veterans Review and Appeal Board (entitlement Reconsideration Panel) and From Federal Court Judgment / Federal Court of Appeal Judgment on Appeal (final Disposition)
Legal Issues
- 1 Whether the Reconsideration Panel erred in refusing to overturn the Appeal Panel’s determination of the entitlement date for an exceptional incapacity allowance under s.72 of the Pension Act
- 2 Whether the Reconsideration Panel’s conclusion was unreasonable or a result of an error of law such that a court should intervene
Ratio Decidendi
The Reconsideration Panel’s determination that there was no basis to alter the Appeal Panel’s finding on the commencement date for the exceptional incapacity allowance was supported by the evidence, not unreasonable and did not involve an error of law; therefore the Federal Court of Appeal must dismiss the appeal and decline to interfere.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Stoyek v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2017-11-15 Neutral citation 2017 FCA 223 File numbers A-43-17 Decision Content Date: 20171115 Docket: A-43-17 Citation: 2017 FCA 223 CORAM: NADON J.A. NEAR J.A. LASKIN J.A. BETWEEN: PETER BRIAN STOYEK Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Ottawa, Ontario, on November 15, 2017. Judgment delivered from the Bench at Ottawa, Ontario, on November 15, 2017. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20171115 Docket: A-43-17 Citation: 2017 FCA 223 CORAM: NADON J.A. NEAR J.A. LASKIN J.A. BETWEEN: PETER BRIAN STOYEK Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on November 15, 2017). NADON J.A. [1] Regretfully for the appellant, we have not been persuaded, notwithstanding Mr. Ghignone’s forceful arguments, that the Federal Court (2017 FC 47) erred in refusing to interfere with the decision of the Veterans Review and Appeal Board, constituted as the Entitlement Reconsideration Panel. [2] More particularly, it is our view that the Reconsideration Panel made no error in its determination that there was no basis to interfere with the first panel’s (the Appeal Panel) decision that the appellant was entitled to receive an exceptional incapacity allowance under section 72 of the Pension Act, R.S.C. 1985, c. P-6 as of March 1, 2011 rather than February 17, 2009. [3] On the evidence before the Reconsideration Panel, it cannot be said, in our respectful view, that its conclusion is unreasonable or that it is the result of an error of law. [4] For these reasons, the appeal will be dismissed. "M Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-43-17 (APPEAL FROM A JUDGMENT OF THE HONOURABLE MR. JUSTICE ANNIS OF THE FEDERAL COURT OF CANADA DATED JANUARY 13, 2017 DOCKET NO. T-807-16) STYLE OF CAUSE: PETER BRIAN STOYEK v. ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: November 15, 2017 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. NEAR J.A. LASKIN J.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Roberto Ghignone Marion Unrau For The Appellant Patrick Bendin For The Respondent SOLICITORS OF RECORD: Borden Ladner Gervais LLP Ottawa, Ontario For The Appellant Nathalie G. Drouin Deputy Attorney General of Canada For The Respondent