Hood v. Canada
T-2017-96
Rothstein J.
11/1/99
4 pp.
Determination of preliminary question of law: whether Crown bound by Manitoba Fatal Accidents Act, s. 3(3), (4) rendering tortfeasors liable to certain survivors of deceased person for funeral expenses, loss of guidance, care, companionship of deceased person-Crown Liability Act, s. 3(1), rendering Crown liable in tort as if private person-Crown submitting not liable under Fatal Accidents Act, s. 3(3), (4) because not in force May 14, 1953 when Crown Liability Act, s. 3(1) enacted-In Baird v. The Queen in right of Canada, [1984] 2 F.C. 160 (C.A.), Le Dain J.A. concluding common law imposing tortious liability on Federal Crown not frozen as of May 14, 1953-If Federal Crown bound by evolving common law, but frozen statute law, would create unintended ambiguity-Statute, common law often interact-Statute law may expand, contract, otherwise alter common law liability-Nothing in Crown Liability Act, s. 3(1) suggesting Parliament intending to treat common, statute law differently i.e. to make Federal Crown liable under evolving common law, but frozen statute law-For these reasons, and those in Stuart v. Canada, [1989] 2 F.C. 3 (T.D.), Federal Crown bound by Fatal Accidents Act, s. 3(3), (4)-The Fatal Accidents Act, R.S.M. 1987, c. F-50, s. 3(3), (4)-Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 3(1).