PENSIONS |
Canada (Minister of Human Resources Development) v. Rice
A-520-00
2002 FCA 47, Rothstein J.A.
29/1/02
6 pp.
Application for judicial review of decision by Pension Appeals Board finding respondent disabled as of June 19, 1996--Whether Board erred in law in having regard to socio-economic considerations, namely respondent lived in small community where primary industry fishing, possibility of obtaining employment in that community remote if not impossible--Board's reference to respondent's community, possibility of obtaining employment there not part of severity analysis--Observations therefore obiter dicta--Considera-tions irrelevant--Not grounds for disturbing Board's decision as not part of Board's severity analysis--Application dismissed--Socio-economic factors such as labour market conditions irrelevant in determination of whether individual disabled under Canada Pension Plan, s. 42(2)--FCA decision in Villani v. Canada (Attorney General), [2002] 1 F.C. 130 dispositive--Severity requirement to be applied in "real world" context--No suggestion in Villani socio-economic considerations such as labour market conditions relevant in disability assessment--Canada Pension Plan, R.S.C., 1985, c. C-8, s. 42 (as am. by R.S.C., 1985 (2nd Supp.), c. 30, s. 12; S.C. 1992, c. 1, s. 23; 1996, c. 11, s. 95(b); 1997, c. 40, s. 68; 2000, c. 12, s. 44).