Canada v. Mosher
A-1543-92
Robertson J.A.
14/6/94
5 pp.
Appeal from Trial Judge's refusal ((1993), 13 C.R.R. (2d) 208) to strike out respondent's statement of claim seeking certiorari against Pension Appeals Board ruling respondent not eligible for widow's benefits under Canada Pension Plan, s. 63-Whether Trial Division lacks requisite jurisdiction-Board required to act in judicial manner-Trial Division without jurisdiction to deal with matter under Federal Court Act, s. 28(3)-Court of Appeal having jurisdiction to review Board's decision-Appeal allowed-Canada Pension Plan, R.S.C. 1970, c. C-5, s. 63 (as am. by S.C. 1974-75-76, c. 4, s. 31)-Federal Court Act, R.S.C., 1985, c. F-7, s. 28 (as am. by S.C. 1990, c. 8, s. 8).
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