Preferred Stance decisions are decisions that the Board believes should be followed to achieve fairness and consistency. They need not be followed if there is a compelling reason in any given case or if the circumstances in a case are sufficiently distinguishable from the relevant Preferred Stance decision. The Preferred Stance decisions have been identified by the Chair of the Board as being persuasive because they identify the relevant principles of decision-making and provisions of the legislation. The decisions are provided by the Board to enable claimants and representatives to better understand issues that may arise in cases before the Board and the nature and extent of the evidence they may be required to present to the Board. They therefore promote a consistent application of the law in a transparent manner.
*Note 1: When you click on a case, you will be brought directly to the Case Summary, with the option of reading more as provided by a Read the full decision" link that would then bring you the HTML version of the decision as well as provide a PDF option.
**Note 2: Legislative tags should link to the appropriate Act on the Justice website.
| Case: | Legislation | Subject | Medical Condition |
|---|---|---|---|
| Case 1 | Pension Act: Subsection 21(2) |
▸ Stress ▸ Risk Factors for Coronary Artery Disease |
▸ Coronary Artery Disease |
| Case 2 | Pension Act: Subsection 21(2) RCMP Superannuation Act Subsection 32(1) |
▸ Medical mismanagement | ▸ Hepatitis C |
| Case 3 | Pension Act: Subsection 21(2) |
▸ Duty-status at time of accident | ▸ Choroidal Neovascular Membrane of Macula Left Eye Resulting in Vision Loss |
| Case 4 | Pension Act: Subsection 38(1) Subsection 82(1) |
▸ Application Date ▸ Attendance Allowance |
▸ Not applicable |
| Case 5 | Pension Act: Subsection 21(2) RCMP Superannuation Act: Subsection 32(1) |
▸ Credible Medical Opinion ▸ Partial Award |
▸ Lumbar Disc Disease |
| Case 6 | Pension Act: Subsection 51(1) Subsection 56(1) RCMP Superannuation Act: Subsection 32(1) |
▸ Widow's Pension ▸ Retroactivity |
▸ Not applicable |
| Case 7 | Pension Act: Subsection 21(2) |
▸ Stressors in Military ▸ Alleged Abuse and Harassment |
▸ Recurrent Dysthymia with Major Depression |
| Case 8 | Pension Act: Subsection 45(1) Subsection 47(3) VRAB Act: Subsection 29(1) paragraph (a) |
▸ Widow's Pension | ▸ Not applicable |
| Case 9 | Pension Act: Subsection 21(2) |
▸ Alleged Injury on-board Ship | ▸ Bilateral Os Calcis Fractures Resulting in Osteoarthritis of the Bilateral Subtalor Joint ▸ Osteoarthritis Lumbar Spine |
| Case 10 | Pension Act: Subsection 21(2) Subsection 39(1) |
▸ Diagnosis ▸ Partial Award |
▸ Depression ▸ Right Patellofemoral Syndrome ▸ Mechanical Low Back Pain ▸ Schizo-Affective Disorder |
| Case 11 | Pension Act: Section 35 |
▸ Application for Reassessment ▸ Effective Date of Assessment |
▸ Fractured Right Ankle (Operated) Retroactivity |
| Case 12 | Pension Act: Subsection 21(2) Subection 39(1) |
▸ Application Date ▸ Effective Date |
▸ Internal Derangement Right Knee (Retroactivity) |
| Case 13 | Pension Act: Subsection 21(2) RCMP Superannuation Act: Subsection 32(1) |
▸ Expert Opinion | ▸ Post Traumatic Stress Disorder |