Leclerc v. Canada ( Attorney General )
T-900-97
Noël J.
9/2/98
10 pp.
Application for judicial review of decision of Veterans Appeal Board dated February 7, 1997, entitling applicant to full pension as of February 7, 1994-Applicant claiming should have been as of May 15, 1984, three years after date of first decision in case, dating from May 1987, while Pension Review Board awarded applicant one fifth of full pension on ground disabling condition from which applicant suffered existed prior to his enlistment in army-Subject decision in case was made in February 1997, after numerous proceedings and decisions-Application dismissed-Only issue concerns effect of Pension Act, s. 39(1) providing pension must be paid as of latest of following two dates: date of application (1970) and date three years prior to date on which pension awarded-Pension awarded in 1987 is not same as pension awarded in 1997-S. 39(1) establishing date of "paiement" of pension when awarded and any "payment" of pension, whether partial or full, is governed by s. 39(1)-To limit financial burden associated with pension scheme, Parliament deemed it advisable to limit retroactive effect of awarding pension to maximum of three years-S. 39(2) allowing Board to make additional maximum award equivalent to two years pension, which it did-Fact what led to full pension being awarded was correction of error of law and that applicant in no way responsible for fact ten years went by before entitlement recognized does not mean s. 39(1) may be disregarded, as it applies to any pension regardless of circumstances in which awarded-Pension Act, R.S.C., 1985, c. P-6, s. 39 (as am. by S.C. 1995, c. 18, s. 57).