Mazzota v. Canada (Attorney General)

Mazzota v. Canada (Attorney General)

The Pension Appeals Board has statutory authority under ss.83(1) and 83(11) to review a Review Tribunal's positive or negative finding on whether evidence constitutes new facts under s.84(2); the correct substantiality test is whether one can reasonably believe the new facts would have produced a different decision...

Source-derived case information.

Citation
2007 FCA 297
Parties
Applicant: Umberto Mazzotta; Respondent: The Attorney General of Canada
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
21 September 2007
Procedural Posture
Judicial Review / Federal Court of Appeal Decision on Application for Judicial Review of Pension Appeals Board Decision
Outcome
application for judicial review dismissed; Pension Appeals Board decision upheld
Legal Topics
New Evidence, Standard for Admissibility of Fresh Evidence, Scope of Appellate Review, Pension Appeals Board Powers, Duty of Diligence
Source Language
fr
Administrative Law Social Security Law Pensions Law Judicial Review New Evidence Standard for Admissibility of Fresh Evidence Scope of Appellate Review Pension Appeals Board Powers +1 more

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Parties

Umberto Mazzotta

Applicant

The Attorney General of Canada

Respondent

Procedural Posture

Judicial Review / Federal Court of Appeal Decision on Application for Judicial Review of Pension Appeals Board Decision

  1. 1 Whether the Pension Appeals Board (PAB/CAP) has authority to review a Review Tribunal's finding that evidence constitutes new facts under s.84(2) of the Canada Pension Plan
  2. 2 What is the correct substantiality test for admitting evidence as 'new facts' under s.84(2)
  3. 3 Whether the PAB erred by limiting its consideration to three documents when assessing new evidence and diligence

Ratio Decidendi

The Pension Appeals Board has statutory authority under ss.83(1) and 83(11) to review a Review Tribunal's positive or negative finding on whether evidence constitutes new facts under s.84(2); the correct substantiality test is whether one can reasonably believe the new facts would have produced a different decision (not mere possibility); applying that test the Board correctly concluded the Review Tribunal misapplied the test and that the applicant failed to show reasonable diligence because the medical reports were in his counsel's possession, and therefore the Board properly allowed the minister's appeal.

Court Disposition

application for judicial review dismissed; Pension Appeals Board decision upheld

Orders

  • Judicial review application dismissed
  • No costs awarded