Laquerre v. Guay
T-896-92
Denault J.
20/11/92
8 pp.
Application for certiorari against officer of Canadian Pension Commission who allegedly refused to answer applicant's question whether illness duty-related and for mandamus against officer of RCMP Administration and Personnel Service -- Applicant sought to rely on provisions of Income Tax Act authorizing RCMP member to deduct from income amount equal to what would have been received from workmen's compensation board when on sick leave due to duty-related illness /injury -- Denied certification entitling him to deduction -- Applicant asked Canadian Pension Commission to find illness duty-related -- Application for certiorari inadmissible as procedure set out in Bulletin AM-1437 of RCMP Administration Manual applied, not Bulletin AM-1703 -- Applicant misinterpreted s. 2(c) of Bulletin AM-1703: could only make application for pension to Commission, not request finding of connection between illness and work -- Application for mandamus also inadmissible, as brought against wrong party and did not disclose any legal duty to act by Administration and Personnel Service officer -- Officer in question fulfilled duty which rested on him -- Application dismissed.