CHIEF PENSIONS ADVOCATE Appellant v. VETERANS REVIEW AND APPEAL BOARD, 2012 FCA 249

Date: 20121002 Docket: A-55-12 Citation: 2012 FCA 249 CORAM: BLAIS C.J. NADON J.A. STRATAS J.A. BETWEEN: CHIEF PENSIONS ADVOCATE Appellant and VETERANS REVIEW AND APPEAL BOARD Respondent Heard at Ottawa, Ontario, on October 2, 2012. Judgment delivered from the Bench at Ottawa, Ontario, on October 2, 2012. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20121002 Docket: A-55-12 Citation: 2012 FCA 249 CORAM: BLAIS C.J. NADON J.A. STRATAS J.A. BETWEEN: CHIEF PENSIONS ADVOCATE Appellant and VETERANS REVIEW AND APPEAL BOARD

Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on October 2, 2012) NADON J.A. [ 1 ] In view of the Supreme Court of Canada’s decision in Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission) , 2012 SCC 10 , [2012] 1 S.C.R. 364 , our decision in The President of the Canada Border Services Agency and the Attorney General of Canada v. C.B. Powell Ltd. , 2010 FCA 61 , February 23, 2010 , and that of the Ontario Court of Appeal in Oleg Volochay v.

College of Massage Therapists of Ontario , 2012 ONCA 541 , August 20, 2012 , we see no basis to interfere with the decision of Mactavish J. dismissing the appellant’s judicial review application on the ground that it was premature. [ 2 ] In the end, the process should follow its regular course, and upon completion thereof, the appellant will no doubt have the opportunity, if not satisfied with the result, of challenging by way of a judicial review application the Veterans Review and Appeal Board’s decision, and of raising the issue which it says should be decided now. [ 3 ] For these reasons, the appeal will be dismissed with costs. “M.

Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-55-12 STYLE OF CAUSE: CHIEF PENSIONS ADVOCATE v. VETERANS REVIEW AND APPEAL BOARD PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: October 2, 2012

REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J., NADON and STRATAS JJ.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES : Charles C. Duguay Robert A. McConnell FOR THE APPELLANT Laura Kell FOR THE RESPONDENT SOLICITORS OF RECORD : Bureau of Pensions Advocates, Charlottetown , P.E.I. FOR THE APPELLANT Veterans Review and Appeal Board, Charlottown, P.E.I. FOR THE RESPONDENT