Kabesh, Re, (1983) 44 A.R. 126 (NWTSC)

• Judge: de Weerdt, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: March 31, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 44 A.R. 126 (NWTSC)

Kabesh, Re (1983), 44 A.R. 126 (NWTSC)

MLB headnote and full text

Re Kabesh

(No. SC 6008)

Indexed As: Kabesh, Re

Northwest Territories Supreme Court

de Weerdt, J.

April 7, 1983.

Summary:

A 28 year old ex-serviceman claimed compensation under the Criminal Injuries Compensation Ordinance, because his left leg was amputated after he was negligently shot. The Northwest Territories Supreme Court allowed the claim and awarded damages of $15,000 less any pension benefits received for the effect on his capacity to work, $5,000 damages for reasonable future medical expenses, and $5,000 damages for sadness and embarrassment caused by disfigurement.

Crime Victims' Compensation - Topic 2205

Bars - Statutory bars - An ex-serviceman claimed compensation under the Criminal Injuries' Compensation Ordinance, because his left leg was amputated after he was negligently shot - He received a pension under the Pension Act after his discharge from the Armed Forces - The Commissioner submitted that a claim for compensation was barred because s. 88 of the Pension Act prohibited any action against the Queen in respect of a disability for which a pension was received - The Northwest Territories Supreme Court allowed the claim, because a claim for compensation was not an action against the Queen - See paragraphs 5 to 11.

Crime Victims' Compensation - Topic 1664

Compensation - Awards - Particular injuries - Loss of leg - A 28 year old ex-serviceman was shot and had his left leg amputated - He was discharged from the Armed forces on medical grounds, but was able to find other employment - The Northwest Territories Supreme Court awarded damages of $15,000 less any pension benefits received, $5,000 for future medical expenses, and $5,000 for sadness and embarrassment caused by disfigurement, or the statutory limit of $15,000 whichever was lesser - See paragraphs 12 to 28.

Crime Victims' Compensation - Topic 1524

Compensation - Entitlement - Deductions - Amounts received pursuant to statute - An ex-serviceman claimed compensation under the Criminal Injuries Compensation Ordinance, because his left leg was amputated after he was negligently shot - He received benefits under the Pension Act for his disability - The Northwest Territories Supreme Court held that the benefits had to be deducted from any award made under s. 5(1)(b) of the Ordinance for damages incurred by a victim as a result of total or partial disability affecting his capacity for work - See paragraphs 29 to 35.

Words and Phrases

Disfigurement - The Northwest Territories Supreme Court referred to the meaning of the word "disfigurement" as found in s. 5(1)(f) of the Criminal Injuries Compensation Ordinance, R.O.N.W.T. 1974, c. C-23 - See paragraph 24.

Cases Noticed:

R v. A (1974), 26 C.C.C.(2d) 474 (Ont. H.C), refd to. [para. 4].

R. v. Dashner, [1974] 2 W.W.R. 11 (B.C.C.A.), refd to. [para. 4].

R. v. Farley, [1976] W.W.D. 128 (Man. C.A.), refd to. [para. 4].

R. v. Groves (1977), 39 C.R.N.S. 366 (Ont. H.C.), refd to. [para. 4].

St. Lawrence & Ottawa Ry. v. Lett (1885), 11 S.C.R. 422, refd to. [para. 28].

Agnew v. Ellen, [1936] 3 W.W.R. 37 (B.C.S.C.), refd to. [para. 28].

Statutes Noticed:

Criminal Injuries Compensation Ordinance, R.O.N.W.T. 1974, c. C-23, sect. 3 [para. 13]; sect. 5 [para. 15]; sect. 7 [para. 9]; sect. 14(3) [para. 9]; sect. 20(2) [para. 29].

Pension Act, R.S.C. 1970, c. P-7, sect. 12(2) [para. 33]; sect. 88 [para. 6].

Authors and Works Noticed:

Burns, Criminal Injuries Compensation, p. 176 [para. 25].

Counsel:

J.E. Richard, for the claimant;

Gerard Phillips, for the Commissioner.

This case was heard on March 31, 1983, at Yellowknife, Northwest Territories, before de WEERDT, J., of the Northwest Territories Supreme Court, who delivered the following judgment on April 7, 1983: