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The Federal Court granted judicial review of VAC’s refusal to reimburse brachioplasty and abdominoplasty, finding the decision failed to address the PTSD-related evidence.
The Federal Court held the refusal of an Education and Training Benefit was reasonable because the veteran applied after completing training, and dismissed judicial review.
The Federal Court of Appeal allowed the Crown's appeal and set aside certification because the essential character of the pleaded claims is to recover amounts owed under the Pension Act; those matters fall within the VRAB’s "full and exclusive jurisdiction" and thus the Federal Court lacks jurisdiction to adjudicate the class claims; consequently a Federal Court class action is not the preferable procedure.
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The Federal Court correctly applied the reasonableness standard; the Governor in Council's decision to enact s.5.01 of the Veterans Well-being Regulations was reasonable and within the delegation in the Veterans Well-being Act, and the absence of detailed explanatory reasons did not render the regulation ultra vires; accordingly the appeal is dismissed.
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The Second Appeal Panel's Decision was unreasonable because it failed to meaningfully consider central uncontradicted evidence (the Tremblay letter) relevant to s.48.3(e) and offered an incoherent and unjustified interpretation of 'complex treatments' under s.48.3(h); under the statutory constraints including the benefit‑of‑the‑doubt and given the record and delay, the Court set aside the Decision and directed VAC to grant the Applicant's appeal for the Critical Injury Benefit.
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The Federal Court dismissed judicial review of a VRAB decision denying disability entitlement for kidney stones, finding the panel’s causation analysis reasonable.
The Federal Court granted Taylor Murphy an extension of time to seek judicial review and ordered targeted redactions, but refused to seal the motion records in full.
The Federal Court upheld section 5.01 of the Veterans Well-being Regulations and dismissed the judicial review, finding the Reserve Force service calculation reasonable.
The Federal Court granted judicial review, quashed a VRAB reconsideration decision, and returned the matter to a differently constituted panel.
The Federal Court of Appeal dismissed the appeal, concluding the VRAB reasonably applied the Mackay test and correctly determined the Historical Narrative did not satisfy the requirement that, if believed, it would reasonably be expected to affect the result; the PRB had already considered the relevant facts and permissibly found the injuries were not incurred in the course of a military function or directly connected to service under the applicable Pension Act provisions, and there was no reviewable error of fact or law to warrant reconsideration.
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