Hosein v. Canada (Minister of Human Resources Development)
The Court determined there was insufficient evidence, applying the Villani framework, for the Board to have found the appellant disabled as of December 31, 1994; therefore the Board did not err and the appeal is dismissed.
Source-derived case information.
- Citation
- 2001 FCA 278
- Parties
- Appellant: Zalina Hosein; Respondent: Minister of Human Resources Development
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 21 September 2001
- Procedural Posture
- Judicial Review of Administrative Decision (canada Pension Plan Disability) / Appeal to Federal Court of Appeal Hearing and Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Judicial Review, Disability Under Canada Pension Plan S.42(2), Application of Villani Test, Evidentiary Sufficiency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zalina Hosein
Appellant
Minister of Human Resources Development
Respondent
Procedural Posture
Judicial Review of Administrative Decision (canada Pension Plan Disability) / Appeal to Federal Court of Appeal Hearing and Judgment
Legal Issues
- 1 Whether the Pension Appeals Board erred in finding the appellant was not disabled within the meaning of subsection 42(2) of the Canada Pension Plan as of December 31, 1994
- 2 Whether the evidence met the test in Villani to establish disability on the relevant date
Ratio Decidendi
The Court determined there was insufficient evidence, applying the Villani framework, for the Board to have found the appellant disabled as of December 31, 1994; therefore the Board did not err and the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Hosein v. Canada (Minister of Human Resources Development) Court (s) Database Federal Court of Appeal Decisions Date 2001-09-21 Neutral citation 2001 FCA 278 File numbers A-156-00 Decision Content Date: 20010921 Docket: A-156-00 Neutral citation: 2001 FCA 278 CORAM: LINDEN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ZALINA HOSEIN Appellant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent Heard at Toronto, Ontario, Thursday, September 20, 2001 Judgment delivered at Toronto, Ontario, on Friday, September 21, 2001 REASONS FOR JUDGMENT BY: LINDEN J.A. CONCURRED IN BY: SHARLOW J.A. MALONE J.A. Date: 20010921 Docket: A-156-00 Neutral citation: 2001 FCA 278 CORAM: LINDEN J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ZALINA HOSEIN Appellant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent REASONS FOR JUDGMENT LINDEN J.A. [1] This is an application for judicial review to hear and set aside a decision of the Pension Appeals Board ("the Board") dated February 7, 2000. In that decision, the Board held that the Appellant was not disabled within the meaning of subsection 42(2) of the Canada Pension Plan, R.S.C. 1985, c.8 (herein after referred to "the Plan"). [2] In the final paragraph of that decision, Foisy, J. writing for the Board, concluded as follows: In short, while I have a great deal of sympathy for Mrs. Hosein, and while Mrs. Hosein is now in all probability disabled as defined under the Plan, she has not satisfied me, on a balance, that she was disabled, as defined under the Plan, as of December 31, 1994. [3] Having reviewed the record in this case and having heard the representations of Mrs. Hosein and counsel for the Minister, we have not been persuaded that the Board erred. There was insufficient evidence, even on the basis of the test set out in Villani v. Canada (Attorney General) [2001], F.C.J. No. 1217, upon which the Board could have found her to have been disabled as of December 31, 1994, the relevant date of the inquiry. [4] The appeal will be dismissed. "A. M. Linden" J.A. "I agree Karen R. Sharlow" J.A. "I agree B. Malone" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-156-00 STYLE OF CAUSE: ZALINA HOSEIN Appellant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent DATE OF HEARING: THURSDAY, SEPTEMBER 20, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT BY: LINDEN J.A. CONCURRED IN BY: SHARLOW J.A. MALONE J.A. DATED: FRIDAY, SEPTEMBER 21, 2001 APPEARANCES BY: Mrs. Zalina Hosein For the Appellant on her own behalf Mr. Stuart Herbert For the Respondent SOLICITORS OF RECORD: Zalina Hosein 3161 Eglinton Ave., East Apt. # 708 Scarborough, Ontario M1J 2G7 For the Appellant Morris Rosenberg Deputy Attorney General For the Respondent FEDERAL COURT OF APPEAL Date: 20010921 Docket: A-156-00 BETWEEN: ZALINA HOSEIN Appellant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent REASONS FOR JUDGMENT