Doe v. Canada ( Attorney General )
T-59-98
Campbell J.
5/2/99
11 pp.
Application for judicial review of decision of Veterans Review and Appeal Board upholding decision of Entitlement Review Board denying applicant pension coverage on basis that three medical conditions did not meet statutory test-Applicant member of RCMP from August 30, 1970 to April 10, 1996, working primarily in Drug Enforcement Unit in Calgary-Serious misunderstanding arising with respect to applicant's status while on temporary assignment with Olympic Integrated Intelligence Unit-Applicant becoming emotionally distraught, depressed-Diagnosed with chronic auto-immune inflammatory muscle disease called dermatomyositis-Board denying pension coverage for each of three ailments for essentially same reason-Application for reconsideration denied-Veterans Review and Appeal Board Act, s. 31 containing privative clause-In light of uncontradicted medical evidence, testimony, and of Act, s. 39 stating doubt to be resolved in applicant's favour, Board's decision based on patently unreasonable error of law-Patent unreasonableness of Board's decision arising from unduly narrow interpretation of Pension Act, s. 21(2)(a)-Test stating two simple criteria for finding disability pensionable: it must (1) arise out of service, (2) be directly connected with service-Ample evidence to support finding applicant's primary condition of dermatomyositis arose from service, directly connected with service-Application allowed-Veterans Review and Appeal Board Act, S.C. 1995, c. 18, ss. 31, 39-Pension Act, R.S.C., 1985, c. P-6, s. 21(2)(a).