Date: 20010921
Docket: A-156-00
Neutral citation: 2001 FCA 278
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
BETWEEN:
ZALINA HOSEIN
Appellant
- and -
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
REASONS FOR JUDGMENT
[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