Canada (Minister of Human Resources Development) v. Wade
The Federal Court of Appeal held that although the Board stretched its discretion to its permissible maximum, it did not act in a patently unreasonable manner; therefore the application for judicial review was dismissed with costs.
Source-derived case information.
- Citation
- 2001 FCA 286
- Parties
- Applicant: The Minister of Human Resources Development; Respondent: Shannon J. Wade
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 27 September 2001
- Procedural Posture
- Judicial Review / Final Decision (judgment)
- Outcome
- Application for judicial review dismissed with costs.
- Legal Topics
- Standard of Review, Discretion Under S.84(2) Canada Pension Plan, New Hearing, Patently Unreasonable
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Minister of Human Resources Development
Applicant
Shannon J. Wade
Respondent
Procedural Posture
Judicial Review / Final Decision (judgment)
Legal Issues
- 1 Whether the Pension Appeals Board's exercise of discretion under s.84(2) Canada Pension Plan to order a new hearing was patently unreasonable
- 2 Whether judicial review should be granted to set aside the Board's decision
Ratio Decidendi
The Federal Court of Appeal held that although the Board stretched its discretion to its permissible maximum, it did not act in a patently unreasonable manner; therefore the application for judicial review was dismissed with costs.
Court Disposition
Application for judicial review dismissed with costs.
Orders
- Application for judicial review dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Minister of Human Resources Development) v. Wade Court (s) Database Federal Court of Appeal Decisions Date 2001-09-27 Neutral citation 2001 FCA 286 File numbers A-741-00 Decision Content Date: 20010927 Docket: A-741-00 Neutral citation: 2001 FCA 286 CORAM: DESJARDINS, J.A. DÉCARY, J.A. SEXTON, J.A. BETWEEN: THE MINISTER OF HUMAN RESOURCES DEVELOPMENT Applicant and SHANNON J. WADE Respondent Heard at Vancouver, British Columbia, on September 27, 2001. Judgment delivered at Vancouver, British Columbia, on September 27, 2001. REASONS FOR JUDGMENT BY: DÉCARY J.A. CONCURRED IN BY: DESJARDINS J.A. SEXTON J.A. Date: 20010927 Docket: A-741-00 Neutral citation: 2001 FCA 286 CORAM: DESJARDINS, J.A. DÉCARY, J.A. SEXTON, J.A. BETWEEN: THE MINISTER OF HUMAN RESOURCES DEVELOPMENT Applicant and SHANNON J. WADE Respondent REASONS FOR JUDGMENT DÉCARY J.A. [1] While the Pension Appeals Board might have stretched to its permissible maximum the exercise of its discretion under subsection 84(2) of the Canada Pension Plan to order a new hearing, it fell short in our view of acting in a patently unreasonable manner. [2] The application for judicial review will be dismissed with costs. (Sgd.) "Robert Décary" J.A. Vancouver, British Columbia September 27, 2001 FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-741-00 STYLE OF CAUSE: MHRD v. Shannon J. Wade PLACE OF HEARING: Vancouver, BC DATE OF HEARING: September 27, 2001 REASONS FOR JUDGMENT BY DÉCARY, J.A. CONCURRED IN BY: DESJARDINS, J.A. SEXTON, J.A. DATED: September 27, 2001 APPEARANCES: Stephen Latté FOR THE APPLICANT Lois MacDonald FOR THE RESPONDENT SOLICITORS OF RECORD: Moris Rosenberg FOR THE APPLICANT Attorney General of Canada Legal Services Society FOR THE RESPONDENT Vancouver