Bradley v. Canada ( Attorney General )
T-157-98
Blais J.
27/1/99
8 pp.
Pension-Application for judicial review of decision of Veterans Review and Appeal Board (VRAB) denying applicant's pension entitlement-Applicant claimed disability pension under Pension Act on basis of disabilities resulting from injuries incurred when fell while taking shower aboard H.M.C.S. Qu'Appelle during officer training in 1990-VRAB denied pension on basis claimed condition did not arise out of or not directly connected to military service (incident occurred after dinner, and after applicant had three or four beers at mess)-Found applicant off duty and "on his own time"-Issue whether or not claimed condition arose out of or directly connected to military service-Application allowed-In making decision, VRAB has adopted wrong test to determine applicant's entitlement to pension-Constitutes jurisdictional error-VRAB simply refused or neglected to enter upon examination of question as to whether or not applicant's disability resulted from injuries that arose out of or directly connected to his military service in peace time, taking into account Pension Act, s. 21(3)(f): Ewing v. Canada (Veterans Review and Appeal Board) (1997), 137 F.T.R. 298 (F.C.T.D.)-Applicant herein in fact in training when incident occurred-In so refusing, VRAB failed to consider evidence before it and relevant provisions of law in accordance with interpretive obligations imposed on it by Pension Act, s. 2 and Veterans Review and Appeal Board Act, ss. 3, 39-VRAB's decision set aside and application for pension referred back to VRAB for rehearing and redetermination by differently constituted panel-Pension Act, R.S.C., 1985, c. P-6, ss. 2, 21(3)(f) (as am. by S.C. 1990, c. 43, s. 8)-Veterans Review and Appeal Board Act, S.C. 1995, c. 18, ss. 3, 39.