MacDonald v. Canada (Attorney General), (2008) 330 F.T.R. 261 (FC)

• Judge: Layden-Stevenson, J.
• Court: Federal Court (Canada)
• Case Date: June 05, 2008
• Jurisdiction: Canada (Federal)
• Citations: (2008), 330 F.T.R. 261 (FC);2008 FC 796

MacDonald v. Can. (A.G.) (2008), 330 F.T.R. 261 (FC)

MLB headnote and full text

Temp. Cite: [2008] F.T.R. TBEd. JN.045

James MacDonald (applicant) v. Attorney General of Canada (respondent)

(T-1798-07; 2008 FC 796)

Indexed As: MacDonald v. Canada (Attorney General)

Federal Court

Layden-Stevenson, J.

June 24, 2008.

Summary:

MacDonald served as a member of the RCMP for 13 years (1973-1986). In 1980, he was posted to the RCMP Musical Ride. Upon completion of the Musical Ride assignment, he was transferred to the Federal Policing Branch Headquarters in Ottawa and then to the Commercial Crime Section in Toronto. MacDonald applied for a disability pension under s. 32 of the Royal Canadian Mounted Police Superannuation Act claiming that his foot conditions (pes planus and plantar facilitis) as well as his nasal conditions (chronic rhinitis and chronic sinusitis) arose as a result of injury or aggravation directly connected with his service in the Musical Ride. A ministerial delegate denied the claim. An Entitlement Review Board and the Veterans Review and Appeal Board affirmed the denial. MacDonald applied for judicial review of the Board's decision.

The Federal Court allowed the application and remitted the matter to a differently constituted panel of the Board for reconsideration.

Administrative Law - Topic 549

The hearing and decision - Decisions of the tribunal - Reasons for decisions - Sufficiency of - [See Government Programs - Topic 3826 ].

Government Programs - Topic 3826

Pensions for government employees or R.C.M.P. - Entitlement - Appeals or judicial review - MacDonald served as a member of the RCMP for 13 years (1973-1986) - In 1980, he was posted to the RCMP Musical Ride - He was later transferred to the Federal Policing Branch Headquarters in Ottawa and then to the Commercial Crime Section in Toronto - MacDonald applied for a disability pension under s. 32 of the Royal Canadian Mounted Police Superannuation Act claiming that his foot conditions (pes planus and plantar facilitis) as well as his nasal conditions (chronic rhinitis and chronic sinusitis) arose as a result of injury or aggravation directly connected with his service in the Musical Ride - A ministerial delegate denied the claim - An Entitlement Review Board (ERB) and the Veterans Review and Appeal Board affirmed the denial - MacDonald applied for judicial review of the Board's decision - The Federal Court allowed the application - The Board stated that it had taken everything into account and found that "the claim is not supported by the facts and the evidence available to the Board" - The deficiency in the Board's reasons lied with the analysis proffered to support its conclusion - The Board did not make any credibility findings - Nor did it address MacDonald's evidence - The hearing before the Board was a de novo hearing, yet it was not apparent that the Board conducted its own assessment prior to affirming the ERB's decision - The reasons had to demonstrate that the submissions were considered and provide a basis for understanding why those submissions were rejected - The reasons and, more specifically, the analysis in this matter fell short of that test.

Government Programs - Topic 3827

Pensions for government employees or R.C.M.P. - Entitlement - Disability pensions - [See Government Programs - Topic 3826 ].

Cases Noticed:

New Brunswick (Board of Management) v. Dunsmuir (2008), 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 13].

Wannamaker v. Canada (Attorney General) (2007), 361 N.R. 266 (F.C.A.), refd to. [para. 15].

Goldsworthy v. Canada (Attorney General), [2008] F.T.R. Uned. 296; 2008 FC 380, refd to. [para. 15].

Comeau v. Canada (Attorney General) (2005), 284 F.T.R. 107 (F.C.), affd. (2007), 360 N.R. 323 (F.C.A.), refd to. [para. 17].

Whitehead v. Canada (Attorney General) (2003), 227 F.T.R. 57 (T.D.), refd to. [para. 22].

Lake v. Canada (Minister of Justice) (2008), 373 N.R. 339; 236 O.A.C. 371; 2008 SCC 23, refd to. [para. 26].

Counsel:

Kathleen E. Naylor, for the applicant;

Corinne Bedford, for the respondent.

Solicitors of Record:

Kathleen E. Naylor, for the applicant;

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

This application was heard on June 5, 2008, at Halifax, Nova Scotia, by Layden-Stevenson, J., of the Federal Court, who delivered the following judgment at Ottawa, Ontario, on June 24, 2008.