PENSIONS |
Drolet v. Canada
T-600-02
2002 FCT 640, Tremblay-Lamer J.
5/6/02
11 pp.
Motion asking Court to strike plaintiff's action which claimed sum of $3,017,712 as damages resulting from military service--According to defendant, action to seek compensation for injury which has already resulted in payment of pension (post-traumatic stress syndrome)--In view of content of Crown Liability and Proceedings Act, s. 9, plaintiff's action should be struck out--Plaintiff cannot obtain compensation for same loss as that creating entitlement to pension or relevant compensation--Department of Veterans' Affairs concluded plaintiff's disability pension application for post-traumatic stress condition entitled him to pension--Plaintiff's statement of claim had same factual basis as pension now receiving or might receive--Plaintiff receiving partial disability pension for problems attributable to post-traumatic stress syndrome--Since in his action plaintiff asking to be compensated for physical and psychological disabilities resulting from events other than those which occurred in Haiti, and did not make pension application for major depression resulting from those events, proceedings in case at bar stayed until Minister of Veterans' Affairs, on formal request by plaintiff pursuant to s. 79 et seq. of Pensions Act, ruled on plaintiff's eligibility for pension under that Act--Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 9-- Pensions Act, R.S.C., 1985, c. P-6, s. 79 (as am. by S.C. 1995, c. 18, s. 73).