Canada ( Chief Pensions Advocate ) v. Canada ( Veterans Appeal Board )
A-1234-91
Décary J.A.
7/10/92
7 pp.
Originating notice under Federal Court Act, s. 28 to set aside decision of Veterans Appeal Board determining date of application under Pension Act, s. 39 -- Whether words "the day on which application therefor was first made to the Commission" in s. 39(1)(a) apply only to applications made subsequent to March 30, 1971 -- Board determining date of application, for purposes of s. 39, cannot pre-date March 30, 1971 -- Debate turning on relationships between ss. 81(2) and 39(1)(a) -- Solution suggested by applicant most in accord with objects of 1970 amendments-Act, s. 2 applying to right of compensation and amount of compensation and ordering Board and Courts, when in doubt, to decide in favour of larger amount -- Construction of s. 39(1)(a) by Board minimizing benefits to veteran rather than maximizing same, contrary to compulsory rule of construction in s. 2 -- Such construction error of law warranting intervention of Court-Application granted -- Pension Act, R.S.C., 1985, c. P-6, ss. 39, 81(2).