Pensions
Judicial review of decision by member of Pension Appeals Board granting respondent extension of time, leave to appeal Review Tribunal’s decision dated November 27, 2001—Respondent submitting two applications for disability pension, which were both rejected by Minister—Whether Federal Court having jurisdiction to decide judicial review of decision by designated member of Board—Review of Federal Court of Appeal decision in Mazzotta v. Canada (Attorney General), [2008] 2 F.C.R. 542—Distinction between decision by Board, decision by designated member of Board—Decisions by designated members of Board not decisions by Board, reviewable by Federal Court—Here, Court having jurisdiction to hear judicial review of Board member’s decision—Designated member not applying appropriate legal test for granting extension of time—Application allowed.
Canada (Attorney General) v. Landry (T-163-07, 2008 FC 810, Blanchard J., judgment dated June 26, 2008, 25 pp.)