Ballingall v. Canada ( Minister of Veterans Affairs )
T-2533-93
Denault J.
6/4/94
12 pp.
Application for judicial review of Veterans Appeal Board's decision based on interpretation of Pension Act, s. 39(1)(a), granting applicant entitlement to disability pension-Applicant served in active militia and active forces where suffered head injuries resulting in epileptic condition and compression fracture of thoracid spine-Whether Board erred in determining effective date for applicant's pension relating to epilepsy and resulting compression fracture, January 31, 1990, date application regarding these two conditions received by Canadian Pensions Commission-According to Act, s. 39(1)(a) effective date of payment for any pensions payable under Act is later of day on which application first made to Commission or day three years prior to day pension first awarded-Considerable evidence existing before Board pension for compression fracture had been applied for before January 31, 1990-Board's determination "there was no evidence" patently unreasonable and constituting reviewable error of fact-Veterans Appeal Board Act, ss. 3, 10 and Pension Act, s. 2 requiring Board when considering appeals to draw every reasonable inference in favour of applicant and construe provisions of relevant Acts in liberal manner-Failure to interpret Pension Act, s. 39(1)(a) in liberal manner or failure to draw from evidence every reasonable inference in favour of applicant may be considered reviewable error, despite existence of privative clause-Board erred both in failure to consider evidence regarding date on which applicant first indicated pensionable conditions at issue and in interpretation in circumstances of case of Pension Act, s. 39(1)(a)-Application allowed-Pension Act, R.S.C., 1985, c. P-6, ss. 2, 39(1)(a)-Veterans Appeal Board Act, R.S.C., 1985 (3rd Supp.), c. 20, ss. 3, 10(5)(a).