PENSIONS
Judicial review Pensions Appeal Board decision dismissing applicant’s appeal of Review Tribunal decision—Role, powers of Board when sitting on appeal of Tribunal decision under Canada Pension Plan, s. 84(2)—Board sitting on appeal of decision reviewed under s. 84(2) cannot disregard intrinsic limitations on this type of appeal, i.e. Tribunal’s review of decision based on new facts—Limits s. 84(2) places on Board’s jurisdiction mean must consider facts Tribunal’s decision originally based on and facts admitted as new facts when reviewed—In case at bar, Board had jurisdiction to hear appeal from Tribunal’s decision because Tribunal recognized as new fact one of four medical reports filed by respondent, and based on new fact amended earlier decision by Tribunal—Then became new decision subject to appeal under s. 83—On other hand, to rule on merits of respondent’s application for disability benefits, Board could not consider facts rejected by Tribunal or facts presented to Board when not submitted to Tribunal unless first satisfied and decided new facts exist—Application allowed—Canada Pension Plan, R.S.C., 1985, c. C‑8, ss. 83, 84 (as am. by R.S.C., 1985 (2nd Supp.), c. 30, s. 45; S.C. 1990, c. 8, s. 46; 2002, c. 8, s. 182(1)(f)).
Canada (Minister of Human Resources Development) v. Landry (A‑454‑03, 2005 FCA 167, Létourneau J.A., judgment dated 10/5/05, 13 pp.)