McIntyre v. Canada (Attorney General)
The Court dismissed the application because it found no error of law or fact; the Board's factual finding that the applicant did not meet the severe and prolonged disability test on or before December 31, 2000 was not patently unreasonable.
Source-derived case information.
- Citation
- 2006 FCA 369
- Parties
- Applicant: Sherrill McIntyre; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 14 November 2006
- Procedural Posture
- Appeal to Federal Court of Appeal / Final Judgment on Appeal
- Outcome
- Application dismissed
- Legal Topics
- Standard of Review, Severe and Prolonged Disability, Eligibility for Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sherrill McIntyre
Applicant
The Attorney General of Canada
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Final Judgment on Appeal
Legal Issues
- 1 Whether the Board erred in finding the applicant did not meet the test of severe and prolonged disability on or before December 31, 2000
- 2 Whether there was any error of law or fact warranting intervention by the Court
Ratio Decidendi
The Court dismissed the application because it found no error of law or fact; the Board's factual finding that the applicant did not meet the severe and prolonged disability test on or before December 31, 2000 was not patently unreasonable.
Court Disposition
Application dismissed
Orders
- Application dismissed
Full Case Text
Judgment text and source record
1 paragraphs
McIntyre v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2006-11-14 Neutral citation 2006 FCA 369 File numbers A-388-05 Decision Content Date: 20061114 Docket: A-388-05 Citation: 2006 FCA 369 CORAM: LINDEN J.A. NOËL J.A. EVANS J.A. BETWEEN: SHERRILL MCINTYRE Applicant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Halifax, Nova Scotia, on November 14, 2006. Judgment delivered from the Bench at Halifax, Nova Scotia, on November 14, 2006. REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. Date: 20061114 Docket: A-388-05 Citation: 2006 FCA 369 CORAM: LINDEN J.A. NOËL J.A. EVANS J.A. BETWEEN: SHERRILL MCINTYRE Appellant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Halifax, Nova Scotia, on November 14, 2006) LINDEN J.A. [1] We are unable to see any error of law or fact that would warrant the intervention of this Court. [2] In particular, the Board made no patently unreasonable error in finding on the facts of this case that the applicant did not meet the test of severe and prolonged disability as outlined in the Act on or before December 31, 2000. [3] The Application will be dismissed. “A.M. Linden” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-388-05 STYLE OF CAUSE: Sherrill McIntyre v. The Attorney General of Canada PLACE OF HEARING: Halifax, Nova Scotia DATE OF HEARING: November 14, 2006 REASONS FOR JUDGMENT OF THE COURT BY: Linden J.A. Noël J.A. Evans J.A. DELIVERED FROM THE BENCH BY: Linden J.A. APPEARANCES: Sherrill McIntyre FOR THE APPLICANT Lorne Ptack FOR THE RESPONDENT SOLICITORS OF RECORD: Self- represented FOR THE APPLICANT John H. Sims, Q.C. FOR THE RESPONDENT