O'Connor v. Canada
T-3029-91
Nadon J.
4/4/95
14 pp.
Application for determination of preliminary questions of law under R. 474 -- Main issue Court's jurisdiction to decide whether, for purposes of application of Crown Liability Act, s. 9, pension payable to plaintiff -- Plaintiff private with Canadian Armed Forces (CAF) suffering herniated disc while carrying out peace time duties -- CAF surgeon injecting vertebral disc other than herniated disc requiring injection -- Plaintiff released from employment with CAF on medical grounds -- Under Act, s. 9 no action against defendant in respect of injury resulting in disability or death where pension paid or payable -- Decision of Supreme Court of Canada in Mérineau v. The Queen, [1983] 2 S.C.R. 362 examined -- Facts identical to those of present case -- Decision in Mérineau not binding as Supreme Court not addressing central issue herein whether Court has jurisdiction to decide whether pension payable -- Court without jurisdiction to determine whether pension payable to plaintiff -- Canadian Pension Commission having exclusive jurisdiction in that regard under Pension Act, s. 14 -- No action against defendant under Crown Liability Act, s. 9 -- Federal Court Rules, C.R.C., c. 663, R. 474 -- Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50 (as am. by S.C. 1990, c. 8, s. 21), s. 9 -- Pension Act, R.S.C., 1985, c. P-6, s. 14 (as am. by S.C. 1990, c. 43, s. 4).