CONSTRUCTION OF STATUTES
Canada Student Financial Assistance Regulations, SOR/95-329; s. 2(1), definition of “permanent disability”—Judicial review of refusal by Canada Student Loans Program (CSLP) of application for permanent disability benefit—Canada Student Financial Assistance Act, S.C. 1994, c. 28, s. 11(1) providing for cancellation of repayment obligation if borrower having permanent disability and experiences exceptional hardship in repaying loan due to permanent disability—CSLP holding that to qualify as permanent, disability must permanently “prevent” borrower from returning to school and/or functioning in workforce—Definition incorrectly interpreted—Only requiring permanent disability “restrict” person’s ability to participate in studies at post-secondary level—Other sections of Act contemplate person with permanent disability can be full-time student—Application allowed.
Marsden v. Canada (Minister of Human Resources and Skills Development) (T-1451-05, 2006 FC 1246, Kelen J., judgment dated 18/10/06, 11 pp.)