Cummings v. Canada ( Attorney General )
T-1758-97
Hugessen J.
29/9/98
5 pp.
Judicial review of Veterans Review and Appeal Board's denial of applicant's appeal from refusal of claim to pension-Applicant, member of Armed Forces, sent on temporary assignment to CFB Halifax to participate in International Military Tattoo-While asleep in military barracks, male member of Forces broke in, sexually assaulted applicant, roommate-Notwithstanding finding assignment mandatory, applicant required to stay in military quarters on base, Board concluding assault while asleep not activity conducted in course of military training for purposes of Pension Act, s. 21(3)(f)-Application allowed-Board erred in concentrating upon applicant's "activity"-Activity not important, but whether injury suffered arose in course of or directly connected to military service-Duty imposed upon applicant by superiors to sleep in CFB Halifax quarters distinguishing this case from cases cited where member's activities voluntary-Pension Act, R.S.C., 1985, c. P-6, s. 21(2)(a) (as am. by S.C. 1990, c. 43, s. 8), (3)(f) (as am. idem)-Veterans Review and Appeal Board Act, S.C. 1995, c. 18, s. 3.