Fournier v. Canada (Attorney General)
The appeal is dismissed because the Court was not persuaded that the Board erred in concluding the appellant's disability did not arise out of or was directly connected with military service and that arguments under paragraph 21(3)(f) of the Pension Act did not establish error.
Source-derived case information.
- Citation
- 2006 FCA 19
- Parties
- Appellant: Rhodena Fournier; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 17 January 2006
- Procedural Posture
- Appeal / Judgment Delivered
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Disability Pension, Causation, Pension Act S.21(3)(f)
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rhodena Fournier
Appellant
Attorney General of Canada
Respondent
Procedural Posture
Appeal / Judgment Delivered
Legal Issues
- 1 Whether the appellant's disability arose out of or was directly connected with military service
- 2 Whether the Board erred in applying paragraph 21(3)(f) of the Pension Act
Ratio Decidendi
The appeal is dismissed because the Court was not persuaded that the Board erred in concluding the appellant's disability did not arise out of or was directly connected with military service and that arguments under paragraph 21(3)(f) of the Pension Act did not establish error.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Fournier v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2006-01-17 Neutral citation 2006 FCA 19 File numbers A-209-05 Decision Content Date: 20060117 Docket: A-209-05 Citation: 2006 FCA 19 CORAM: NADON J.A. SEXTON J.A. EVANS J.A. BETWEEN: RHODENA FOURNIER Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Ottawa, Ontario, on January 17, 2006. Judgment delivered from the Bench at Ottawa, Ontario, on January 17, 2006. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20060117 Docket: A-209-05 Citation: 2006 FCA 19 CORAM: NADON J.A. SEXTON J.A. EVANS J.A. BETWEEN: RHODENA FOURNIER Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on January 17, 2006) [1] For substantially the reasons given by Mosley J., we have not been persuaded that in concluding that the appellant's disability did not arise out of nor was it directly connected with her military service, the Board made no error which would allow us to intervene. [2] We are also of the same view with respect to the appellant's arguments based on paragraph 21(3)(f) of the Pension Act. [3] The appeal will therefore be dismissed with costs. "M. Nadon" J.A.