PENSIONS |
Korese v. Canada (Minister of Human Resources Development)
T-1686-99
Lemieux J.
18/12/00
8 pp.
Application for judicial review of decision by member designate under Canada Pension Plan denying applicant leave to appeal, to Pension Appeals Board, decision of Review Tribunal dismissing Minister's decision holding not entitled to disability pension applied for in March 1996--Review Tribunal found appellant's condition prolonged, but based on objective test, condition not so severe as to prevent appellant from pursuing some substantially gainful sedentary occupation on regular basis--Application allowed--Test on review of decisions on leave applications: whether arguable case or whether question of law or jurisdiction raised by applicant for leave to appeal--Member designate who refused leave to appeal herein adopted wrong test: tested merits of applicant's case rather than determining whether raised arguable point--Focussing on success of applicant on appeal constituting error of law and ground for quashing refusal to grant leave--One arguable point: whether Tribunal ignored evidence of only medical witness who testified as to applicant's functional incapacity--Canada Pension Plan, R.S.C., 1985, c. C-8.