CROWN |
Torts |
Schlueter v. Canada (Royal Canadian Mounted Police)
T-2003-97
2001 FCT 748, Rouleau J.
4/7/01
12 pp.
Application for summary judgment dismissing statement of claim on ground action for damages statute-barred and no genuine issue for trial--Plaintiff, former member of Canadian Armed Forces (CAF), injured by stun grenade when his unit dispatched to British Columbia to assist RCMP involved in Aboriginal standoff--Plaintiff lost right thumb and fourth finger and suffered tissue loss to right hand and wrist--Also suffered permanent partial hearing loss in one ear--Following incident, plaintiff granted monthly pension benefit of $1,443.61 from Government of Canada pursuant to Pension Act--Now seeking additional damages--Application allowed--By virtue of Crown Liability and Proceedings Act, s. 9 and Pension Act, s. 111, plaintiff's claim, as matter of law, statute-barred, in so far as plaintiff has received pension, paid out of Consolidated Revenue Fund "in respect of" untimely injury to plaintiff, regardless of fault, while his claim in present action also for relief from same injury and loss--Plaintiff's argument asking for damages not covered by benefits available under Pension Act and related legislation cannot stand as precisely type of claim legislation does not permit--No infringement of Charter, ss. 7, 15--Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 9--Pension Act, R.S.C., 1985, c. P-6, s. 111--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 7, 15.