Carter v. Canada, (1984) 18 F.T.R. 298 (TD)

JudgeDubé, J.
CourtFederal Court (Canada)
Case DateOctober 11, 1984
JurisdictionCanada (Federal)
Citations(1984), 18 F.T.R. 298 (TD)

Carter v. Can. (1984), 18 F.T.R. 298 (TD)

MLB headnote and full text

Timothy Jude Carter (plaintiff) v. Her Majesty the Queen in Right of Canada (defendant)

(No. T-1334-83)

Indexed As: Carter v. Canada

Federal Court of Canada

Trial Division

Dubé, J.

October 23, 1984.

Summary:

A student was injured while in training with the Canadian Armed Forces Reserve at C.F.B. Borden. The student commenced an action against the federal Crown for damages for personal injuries. The issue in this case was whether the student was deprived of a cause of action by s. 4(1) of the Crown Liability Act or s. 88 of the Pension Act.

The Federal Court of Canada, Trial Division, held that the student was barred by the Crown Liability Act from launching his action, but could launch an action under the Pension Act.

Editor's note: This 1984 case is being reported at this time at the request of one of our readers.

Crown - Topic 1648

Torts by and against Crown - Actions against the Crown - Bars - Recovery of statutory disability or death pension - A student was injured while on reserve training on a military base - He was paid wages for 32 days for which he could not pursue gainful civil employment - He sued the federal Crown for damages for personal injuries - The Federal Court of Canada, Trial Division, held that the student's claim against the Crown was barred by s. 4(1) of the Crown Liability Act because he received compensation from the Crown relating to the injuries - The court held however that the student could pursue an action under the Pension Act where he had not been paid a pension (Pension Act, s. 88).

Cases Noticed:

Tremblay v. Government of Canada, [1976] 2 F.C. 457, revd. [1976] 2 F.C. 758; 14 N.R. 14, folld. [paras. 12 to 15].

Statutes Noticed:

Canadian Armed Forces Administrative Order 210.29 [para. 7].

Crown Liability Act, R.S.C. 1970, c. C-38, sect. 4(1) [para. 1 et seq.].

Federal Court Rules, rule 474 [para. 1].

Pension Act, R.S.C. 1970, c. P-7, sect. 2 [para. 9]; sect. 12(2) [para. 10]; sect. 88 [para. 1 et seq.].

Queen's Regulations and Orders, art. 210.72(1) [paras. 6, 7].

Counsel:

J. Hollander, for the plaintiff;

P. Doody, for the defendant.

Solicitors of Record:

McKimm, Keeler, MacFarlane, Hollander, Ottawa, Ontario, for the plaintiff;

R. Tasse, Q.C., Deputy Attorney General of Canada, for the defendant.

This case was heard in Ottawa, Ontario, on October 11, 1984, before Dubé, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on October 23, 1984.

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4 practice notes
  • Sarvanis v. Canada, (1998) 156 F.T.R. 265 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 4 May 1998
    ...refd to. [para. 9, footnote 9]. O'Connor v. Canada (1995), 94 F.T.R. 93 (T.D.), refd to. [para. 9, footnote 9]. Carter v. Canada (1994), 18 F.T.R. 298 (T.D.), refd to. [para. 9, footnote Bates v. Illerburn (1976), 12 O.R.(2d) 721 (C.A.), refd to. [para. 9, footnote 9]. Cugliari v. White......
  • Langille et al. v. Canada, (1991) 44 F.T.R. 60 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 11 December 1990
    ...action when compensation has been paid out of Consolidated Revenue Fund - [See Crown - Topic 1561 ]. Cases Noticed: Carter v. Canada (1984), 18 F.T.R. 298 (F.C.T.D.), refd to. [para. 13]. Scott v. Rauf (1975), 21 C.B.R.(N.S.) 123 (Ont. C.A.), refd to. [para. 21]. Black & White Sales C......
  • Berneche et al. v. Canada, (1990) 34 F.T.R. 85 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 25 January 1990
    ...420 , refd to. [para. 5, footnote 3]. Mérineau v. The Queen, [1983] 2 S.C.R. 362 , refd to. [para. 5, footnote 3]. Carter v. Canada (1984), 18 F.T.R. 298, refd to. [para. 5, footnote Re Butler Trucking Co. et al. and Brydges et al. (1984), 46 O.R.(2d) 686 , refd to. [para. 11, footnote 5]......
  • Gustar v. Wadden et al., [1993] B.C.T.C. Uned. 206
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • 12 January 1993
    ...for the time that he was unable to perform his duties. [12] The defendant also relies on the decision of Dubé, J. in Carter v. Canada, [1984] 18 F.T.R. 298, where wages were paid to the plaintiff while he was unable to work. In that case the plaintiff was a student who had summer work in th......
4 cases
  • Sarvanis v. Canada, (1998) 156 F.T.R. 265 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 4 May 1998
    ...refd to. [para. 9, footnote 9]. O'Connor v. Canada (1995), 94 F.T.R. 93 (T.D.), refd to. [para. 9, footnote 9]. Carter v. Canada (1994), 18 F.T.R. 298 (T.D.), refd to. [para. 9, footnote Bates v. Illerburn (1976), 12 O.R.(2d) 721 (C.A.), refd to. [para. 9, footnote 9]. Cugliari v. White......
  • Langille et al. v. Canada, (1991) 44 F.T.R. 60 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 11 December 1990
    ...action when compensation has been paid out of Consolidated Revenue Fund - [See Crown - Topic 1561 ]. Cases Noticed: Carter v. Canada (1984), 18 F.T.R. 298 (F.C.T.D.), refd to. [para. 13]. Scott v. Rauf (1975), 21 C.B.R.(N.S.) 123 (Ont. C.A.), refd to. [para. 21]. Black & White Sales C......
  • Berneche et al. v. Canada, (1990) 34 F.T.R. 85 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 25 January 1990
    ...420 , refd to. [para. 5, footnote 3]. Mérineau v. The Queen, [1983] 2 S.C.R. 362 , refd to. [para. 5, footnote 3]. Carter v. Canada (1984), 18 F.T.R. 298, refd to. [para. 5, footnote Re Butler Trucking Co. et al. and Brydges et al. (1984), 46 O.R.(2d) 686 , refd to. [para. 11, footnote 5]......
  • Gustar v. Wadden et al., [1993] B.C.T.C. Uned. 206
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • 12 January 1993
    ...for the time that he was unable to perform his duties. [12] The defendant also relies on the decision of Dubé, J. in Carter v. Canada, [1984] 18 F.T.R. 298, where wages were paid to the plaintiff while he was unable to work. In that case the plaintiff was a student who had summer work in th......

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