VETERANS |
Rivard v. Canada (Attorney General)
T-1308-03
2003 FC 1490, Pinard J.
19/12/03
6 pp.
Judicial review of decision by Veterans Review and Appeal Board (VRAB) refusing to award additional retroactive pension to applicant under Pension Act (Act), s. 39(2)-- VRAB denied application for reconsideration because applicant had not claimed additional retroactive pension and because delays incurred when applicant exercising rights before Federal Court not delays for purposes of Act, s. 39(2) --VRAB erred in interpreting s. 39(2)--VRAB wrongly made exercise of discretion conferred upon it by provision in question dependent upon specific request for additional compensation by pensioner--Nothing in s. 39(2) restricts discretionary powers given to VRAB in such a way--Only requirement that VRAB be "of the opinion that the pension should be awarded from a day earlier than the day prescribed . . . by reason of delays in securing service or other records or other administrative difficulties beyond the control of the applicant"--Interpretation of s. 39(2) supported by duty imposed upon VRAB by Veterans Review and Appeal Board Act, s. 3 (VRABA) to interpret the provisions of the VRABA liberally "to the end that the recognized obligation of the people and Government of Canada to those who have served their country so well and to their dependants may be fulfilled"--Act, s. 2 requires that provisions of Act be liberally construed and interpreted--Patently unreasonable for VRAB not to award additional compensation to applicant on ground that delays resulting from exercising rights before Court not construed as administrative delays under s. 39(2)--Application allowed-- Pension Act, R.S.C., 1985, c. P-6, ss. 2, 39(2) (as am. by S.C. 1995, c. 18, s. 57)--Veterans Review and Appeal Board Act, S.C. 1995, c. 18, s. 3.