PENSIONS |
Canada (Minister of Human Resources Development) v. Scott
A-117-02
2003 FCA 34, Strayer J.A.
23/1/03
4 pp.
Judicial review of decision of Pension Appeals Board reversing decision of Review Tribunal under Canada Pension Plan (CPP) holding respondent not eligible for disability benefits--By s. 42(2)(a) of CPP, person considered disabled only if has "severe" and "prolonged" mental or physical disability--Definition of severe requires claimant to be incapable regularly of pursuing any substantially gainful occupation--Tribunal not satisfied respondent met test-- Board allowed appeal--Board erred in law in stating test whether appellant incapable of regular employment--Under s. 42(2)(a) incapacity, not employment, must be regular and employment can be any substantially gainful occupation-- Board set test for qualifying disability at too low a threshold and incorrectly interpreted statutory requirements--Board based decision on erroneous finding of fact made without regard for material before Board--Uncontradicted evidence before Board from three physicians, none of whom could confirm respondent was incapable of any substantially gainful occupation--In fact, evidence respondent able to work in renting apartments, obtaining part of livelihood (accommoda-tion) in return--Application allowed--Canada Pension Plan, R.S.C., 1985, c. C-8, s. 42(2)(a) (as am. by R.S.C., 1985 (2nd Supp.), c. 30, s. 12).