Nowlan, R.V. v Repatriation Commission

In the matter of Nowlan v Repatriation Commission, the appellant, a veteran, appealed against the decision of the Administrative Appeals Tribunal which had rejected his claim for a pension on the basis that there was no reasonable hypothesis as to a causal connection between his war service and his lumbar intervertebral disc lesion. The case was heard by the court of appeal which was required to determine the meaning of "reasonable hypothesis" and whether the appellant had established a reasonable hypothesis as to the causal connection between his war service and his disease. The court of appeal held that the Tribunal had erred in law by failing to consider the medical evidence and by not establishing a reasonable hypothesis as to the causal connection between the appellant's war service and his disease. The court of appeal held that the medical evidence was sufficient to establish a reasonable hypothesis as to the causal connection between the appellant's war service and his disease, and that the Tribunal had failed to consider this evidence. The court of appeal allowed the appeal, set aside the decision of the Administrative Appeals Tribunal, and remitted the matter to the Tribunal for reconsideration. The respondent was ordered to pay the appellant's costs.