Date: 20030605
Docket: A-228-02
Citation: 2003 FCA 258
CORAM: LINDEN J.A.
ROTHSTEIN J.A.
SEXTON J.A.
BETWEEN:
FERNANDO JOSE LAGHINA
Applicant
and
THE MINISTER OF HUMAN
RESOURCES DEVELOPMENT
Respondent
Heard at Vancouver, British Columbia on June 5, 2003.
Judgment delivered at Vancouver, British Columbia on June 5, 2003.
REASONS FOR JUDGMENT BY: ROTHSTEIN J.A.
CONCURRED IN BY:
CONCURRING REASONS BY:
CONCURRING REASONS IN RESULT ONLY BY:
DISSENTING REASONS BY:
Date: 20030605
Docket: A-228-02
Citation: 2003 FCA 258
CORAM: LINDEN J.A.
ROTHSTEIN J.A.
SEXTON J.A.
BETWEEN:
FERNANDO JOSE LAGHINA
Applicant
and
THE MINISTER OF HUMAN
RESOURCES DEVELOPMENT
Respondent
REASONS FOR JUDGMENT
ROTHSTEIN J.A.
[1] In spite of applicant's counsel's argument, we are satisfied that the Pension Appeals Board applied the correct legal test. We are also satisfied that the Board made no patently unreasonable error in relation to its findings or conclusions of fact.
[2] We will dismiss this application with costs of $1,000 inclusive of disbursements to the Respondent.
(Sgd.) "Marshall E. Rothstein"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-228-02
STYLE OF CAUSE: Fernando Jose Laginha v. Minister of Human Resources
Development
PLACE OF HEARING: Vancouver
DATE OF HEARING: June 5, 2003
REASONS FOR JUDGMENT : LINDEN, ROTHSTEIN & SEXTON, JJ.A.
DATED: June 5, 2003
APPEARANCES:
Mr. Manuel A. Azevedo FOR THE APPLICANT
Mr. James E. Farenholtz
Mr. Adrian Joseph FOR THE RESPONDENT
SOLICITORS OF RECORD:
Azevedo & Associates FOR THE APPLICANT
(Vancouver)
Mr. Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada