PENSIONS |
Paproski v. Canada (Minister of Human Resources Development)
T-1959-99
Reed J.
13/6/00
7 pp.
Application for judicial review of decision by Pension Appeals Board member denying applicant leave to appeal to Pension Appeals Board--Designated member assessing application for leave as though deciding appeal on merits, thereby requiring applicant to meet heavier burden than required to obtain leave to appeal--Counsel for respondent arguing to send matter back for rehearing, merely because wrong test articulated, if in fact no merit to application for leave, waste of everyone's time, money, of scarce judicial resources--Court accepting practical sense of argument--Not Court's role to decide merits of leave application--Court only entitled to consider merits of applicant's case to determine whether frivolous, vexatious or completely void of merit--Application for leave raising question that requires weighing of evidence, evaluation of credibility of applicant's assertion evidence misunderstood by Tribunal, determination of proper interpretation of some of documentary evidence--Issues outside scope of reviewing judge's mandate on judicial review--Application allowed.