Swain v. Canada (Attorney General)
The motion to add fresh medical evidence was dismissed because on judicial review the court may not consider evidence on the merits that was not before the Pension Appeals Board; review is confined to the tribunal's record.
Source-derived case information.
- Citation
- 2003 FCA 434
- Parties
- Applicant: Roxanne Swain; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 19 November 2003
- Procedural Posture
- Judicial Review (canada Pension Plan / Pension Appeals Board) / Motion to Add Evidence in Judicial Review; Reasons for Order Dismissing Motion
- Outcome
- Motion dismissed; new medical material not added to the record; judicial review confined to existing record before the Board.
- Legal Topics
- Admissibility of Fresh Evidence on Judicial Review, Disability Determination Under CPP S.42(2)(a)(i), Scope of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Roxanne Swain
Applicant
The Attorney General of Canada
Respondent
Procedural Posture
Judicial Review (canada Pension Plan / Pension Appeals Board) / Motion to Add Evidence in Judicial Review; Reasons for Order Dismissing Motion
Legal Issues
- 1 Whether new medical evidence not before the Pension Appeals Board can be added to the record on judicial review
- 2 Whether the Federal Court of Appeal may consider evidence on the merits that was not before the Board
Ratio Decidendi
The motion to add fresh medical evidence was dismissed because on judicial review the court may not consider evidence on the merits that was not before the Pension Appeals Board; review is confined to the tribunal's record.
Court Disposition
Motion dismissed; new medical material not added to the record; judicial review confined to existing record before the Board.
Orders
- Motion to add new medical evidence dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Swain v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-11-19 Neutral citation 2003 FCA 434 File numbers A-54-03 Decision Content Date: 20031119 Docket: A-54-03 Citation: 2003 FCA 434 CORAM: STRAYER J.A. BETWEEN: ROXANNE SWAIN Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR ORDER STRAYER J.A. [1] The applicant seeks now to add to the record, in this application for judicial review of a decision of the Pension Appeals Board, new material concerning her medical condition in 1998 and 1999. This material was not before the Board when it heard her case in September, 2002 and found that she was not disabled within subparagraph 42(2)(a)(i) of the Canada Pension Plan. [2] On a judicial review we can only consider whether the Board made any reviewable error in deciding as it did on the basis of the material before it. Therefore we cannot consider evidence on the merits that was not before the Board. [3] Accordingly this material cannot be added to the record at this time and the motion is dismissed. (s) "B.L. Strayer" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-54-03 STYLE OF CAUSE: Roxanne Swain v. The Attorney General of Canada MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE STRAYER DATED: November 19, 2003 WRITTEN REPRESENTATIONS: Ms. Roxanne Swain Florence, Nova Scotia ON HER OWN BEHALF Mr. John Vaissi Nagy Department of Justice Ottawa, Ontario FOR THE RESPONDENT SOLICITORS OF RECORD: Ms. Roxanne Swain Florence, Nova Scotia ON HER OWN BEHALF Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT