McPartlin v. Crimes Compensation Board (Sask.), (1986) 57 Sask.R. 3 (QB)

• Judge: Sirois, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 31, 1986
• Jurisdiction: Saskatchewan
• Citations: (1986), 57 Sask.R. 3 (QB)

McPartlin v. Crimes Compensation Bd. (1986), 57 Sask.R. 3 (QB)

MLB headnote and full text

Christopher McPartlin (applicant) v. Crimes Compensation Board of Saskatchewan (respondent)

(No. 4351 A.D. 1985)

Indexed As: McPartlin v. Crimes Compensation Board (Sask.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Sirois, J.

December 31, 1986.

Summary:

McPartlin applied to the Crimes Compensation Board for compensation. The Board dismissed his application. McPartlin applied for a review by the Board. The Board refused to alter its decision. McPartlin applied for certiorari to quash the Board's decision.

The Saskatchewan Court of Queen's Bench dismissed the application.

Crime Victims' Compensation - Topic 2268

Judicial review - Bars - Privative clause - The Saskatchewan Court of Queen's Bench refused to overturn a decision of the Crimes Compensation Board, where the Board did not exceed or lose jurisdiction and where the Board's interpretation of the relevant statute was not so patently unreasonable that it could not be rationally supported by the relevant legislation - The court held that the Board's decision was protected by the privative clause in s. 33(1) of the Criminal Injuries Act.

Cases Noticed:

Noranda Mines Ltd. v. The Queen (1969), 7 D.L.R.(3d) 1, refd to. [para. 8].

Datta v. Saskatchewan Medical Care Insurance Commission et al. (1986), 52 Sask.R. 18, refd to. [para. 8].

Canadian Broadcasting Corporation v. Syndicat des Employes de Production du Quebec et de l'Acadie, [1984] 2 S.C.R. 412; 55 N.R. 321; 14 D.L.R.(4th) 457, refd to. [para. 8].

Re Welk and Saskatchewan Social Services Appeal Board (1986), 28 D.L.R.(4th) 475 (Sask. C.A.), refd to. [para. 8].

Provincial Auditor v. Saskatchewan Government Employees' Union and Labour Relations Board (Sask.) (1986), 49 Sask.R. 163; 29 D.L.R.(4th) 684, refd to. [para. 8].

Statutes Noticed:

Criminal Injuries Act, R.S.S. 1978, c. C-47, sect. 10(1), sect. 11, sect. 21(1), sect. 33(1) [para. 2].

Counsel:

W.J. Wardell, for the applicant;

G.J. Moran, for the respondent.

This application was heard before Sirois, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, in Chambers. The decision of Sirois, J., was delivered on December 31, 1986.