Comeau v. Canada (Attorney General), (2007) 360 N.R. 323 (FCA)

• Judge: Richard, C.J., Sharlow and Ryer, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: February 13, 2007
• Jurisdiction: Canada (Federal)
• Citations: (2007), 360 N.R. 323 (FCA);2007 FCA 68

Comeau v. Can. (A.G.) (2007), 360 N.R. 323 (FCA)

MLB headnote and full text

Temp. Cite: [2007] N.R. TBEd. MR.021

Donald E. Comeau (appellant) v. The Attorney General of Canada (respondent)

(A-1-06; 2007 FCA 68)

Indexed As: Comeau v. Canada (Attorney General)

Federal Court of Appeal

Richard, C.J., Sharlow and Ryer, JJ.A.

February 15, 2007.

Summary:

Comeau applied for judicial review of a decision of the Veterans Review and Appeal Board that his medical condition of non-ischemic dilated cardiomyopathy was neither caused, nor aggravated, by his military service.

The Federal Court, in a decision reported at [2004] F.T.R. Uned. A99, allowed the application and remitted the matter to a different panel of the Appeal Board for reconsideration. The Appeal Board again dismissed the application after a de novo hearing. Comeau applied for judicial review.

The Federal Court, in a decision reported at 284 F.T.R. 107, dismissed the application. Comeau appealed.

The Federal Court of Appeal dismissed the appeal.

Administrative Law - Topic 2159

Natural justice - Administrative decisions or findings - Effect of prior decisions - Comeau applied for judicial review of a decision of the Veterans Review and Appeal Board that his medical condition of non-ischemic dilated cardiomyopathy was neither caused, nor aggravated, by his military service - Comeau argued that the Board breached the principles of natural justice when it found that his heart condition did not arise during his period of military service - Natural justice was breached because a differently constituted panel had previously reached the contrary conclusion, but its decision was set aside on judicial review - The applications judge dismissed the application - The Federal Court of Appeal dismissed an appeal - The Appeal Board was required to consider the claim afresh, based on its own independent assessment of the entire body of evidence before it - It was not bound by any of the factual conclusions of the previous Appeal Board - See paragraph 12.

Armed Forces - Topic 8082

Pensions - Disability and survivor pensions - Entitlement - Evidence and proof (incl. standard of proof) - [See Armed Forces - Topic 8093 ].

Armed Forces - Topic 8093

Pensions - Disability and survivor pensions - Entitlement - Judicial review - Comeau applied for judicial review of a decision of the Veterans Review and Appeal Board that his medical condition of non-ischemic dilated cardiomyopathy was neither caused, nor aggravated, by his military service - The Board relied on the medical evidence from several cardiologists which was inconclusive as to the date of the onset of his condition - The applications judge dismissed the application - The Board did not err in law or misapprehend or ignore relevant evidence before it - Given the nature of the evidence that was before it, Comeau had failed to demonstrate that the Board's decision was patently unreasonable - The Federal Court of Appeal dismissed an appeal - See paragraphs 10 and 11.

Cases Noticed:

Ryan v. Law Society of New Brunswick, [2003] 1 S.C.R. 247; 302 N.R. 1; 257 N.B.R.(2d) 207; 674 A.P.R. 207, refd to. [para. 9].

Counsel:

Donald E. Comeau, on his own behalf;

Melissa R. Cameron, for the respondent.

Solicitors of Record:

John H. Sims, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This appeal was heard on February 13, 2007, at Halifax, Nova Scotia, by Richard, C.J., Sharlow and Ryer, JJ.A., of the Federal Court of Appeal. Sharlow, J.A., delivered the following judgment for the court on February 15, 2007.