Menzies v. Manitoba Public Insurance Corp. et al., 2005 MBCA 97

• Judge: Huband, Monnin and Freedman, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: June 15, 2005
• Jurisdiction: Manitoba
• Citations: 2005 MBCA 97;(2005), 195 Man.R.(2d) 257 (CA)

Menzies v. MPIC (2005), 195 Man.R.(2d) 257 (CA);

    351 W.A.C. 257

MLB headnote and full text

Temp. Cite: [2005] Man.R.(2d) TBEd. SE.007

David Menzies (appellant/respondent) v. Manitoba Public Insurance Corporation (respondent/appellant) and Automobile Injury Compensation Appeal Commission (respondent)

(AI 04-30-05961; 2005 MBCA 97)

Indexed As: Menzies v. Manitoba Public Insurance Corp. et al.

Manitoba Court of Appeal

Huband, Monnin and Freedman, JJ.A.

September 13, 2005.

Summary:

Menzies was seriously injured in a motor vehicle accident in 1994. As a result of the accident, he now functioned intellectually at a grade 4 level and required 24 hour supervision and care for the rest of his life. The Manitoba Public Insurance Corp. (MPIC) stopped reimbursing Menzies for travel expenses relating to non-medical appointments and recreational events, including the costs for a family member to accompany him. Menzies appealed to an MPIC internal review officer. The officer concluded that Menzies had never been entitled to these expenses. Menzies appealed. The Automobile Injury Compensation Appeal Commission allowed the appeal. MPIC appealed.

The Manitoba Court of Appeal dismissed the appeal.

Insurance - Topic 4127

Automobile insurance - Accident benefits - Denial of (incl. exclusions) - Section 138 of the Manitoba Public Insurance Corporation Act provided that "subject to the regulations, the corporation shall take any measure it considers necessary or advisable to contribute to the rehabilitation of a victim, to lessen a disability resulting from bodily injury, and to facilitate the victim's return to a normal life or reintegration into society or the labour market" - The Manitoba Public Insurance Corp. denied Menzies travel expenses relating to non-medical appointments and recreational events - An MPIC internal review officer confirmed the denial - The officer referred to s. 10(1) of the Reimbursement of Expenses (Universal Bodily Injury Compensation) Regulations which were a detailed statement of certain expenses which could be reimbursed by the MPIC - The expenses claimed by Menzies were not listed in s. 10(1) - Menzies appealed - The Automobile Injury Compensation Appeal Commission determined that the MPIC had the discretion under s. 138 of the Act to reimburse Menzies for rehabilitation expenses that did not fall within s. 10(1) of the Regulations - MPIC appealed - The Manitoba Court of Appeal dismissed the appeal - The claims made by Menzies were determined by the Commission not to be covered by any provision of the expense regulation, and particularly s. 10(1) - There were no limitations in the Regulations that applied in this particular case, and the opening words of s. 138, "subject to the regulations", did not restrict MPIC's discretion - See paragraphs 31 to 64.

Insurance - Topic 4133

Automobile insurance - Accident benefits - Defences by insurer - Scope of coverage - [See Insurance - Topic 4127 ].

Statutes - Topic 2414

Interpretation - Interpretation of words and phrases - General principles - Disjunctive words or phrases - Section 138 of the Manitoba Public Insurance Corporation Act provided that "subject to the regulations, the corporation shall take any measure it considers necessary or advisable to contribute to the rehabilitation of a victim, to lessen a disability resulting from bodily injury, and to facilitate the victim's return to a normal life or reintegration into society or the labour market" - The Manitoba Court of Appeal held that the word "and" found after "bodily injury" and before "to facilitate" had to be understood as a disjunctive so that measures could be taken if they achieved any one or more of the goals set out in s. 138 - See paragraphs 34 to 36.

Statutes - Topic 4943

Operation and effect - Enabling acts - Powers - General - Extent or scope of power - Section 138 of the Manitoba Public Insurance Corporation Act provided that "subject to the regulations, the corporation shall take any measure it considers necessary or advisable to contribute to the rehabilitation of a victim, to lessen a disability resulting from bodily injury, and to facilitate the victim's return to a normal life or reintegration into society or the labour market" - The Manitoba Court of Appeal held that the legislature could choose to make a statute subordinate to a regulation and could grant to the executive authority the power to regulate or limit the scope of statute - Giving s. 138 its plain and ordinary meaning, the opening words "subject to" had to be read as being words of limitation, or subordination, or qualification; that is, the very wide powers given by s. 138 to the MPIC were limited by, subordinate to, and qualified by, whatever was in the regulations - See paragraphs 37 to 49.

Words and Phrases

And - The Manitoba Court of Appeal discussed the meaning of "and" as found in s. 138 of the Manitoba Public Insurance Corporation Act, R.S.M. 1987, c. P-215; C.C.S.M., c. P-215 - See paragraphs 34 to 36.

Words and Phrases

Subject to - The Manitoba Court of Appeal discussed the meaning of "subject to" as found in s. 138 of the Manitoba Public Insurance Corporation Act, R.S.M. 1987, c. P-215; C.C.S.M., c. P-215 - See paragraphs 37 to 49.

Cases Noticed:

Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982; 226 N.R. 201, addendum [1998] 1 S.C.R. 1222, refd to. [para. 16].

Dr. Q., Re, [2003] 1 S.C.R. 226; 302 N.R. 34; 179 B.C.A.C. 170; 295 W.A.C. 170; 2003 SCC 19, refd to. [para. 16].

Dr. Q. v. College of Physicians and Surgeons (B.C.), - see Dr. Q., Re.

Ryan v. Law Society of New Brunswick, [2003] 1 S.C.R. 247; 302 N.R. 1; 257 N.B.R.(2d) 207; 674 A.P.R. 207; 2003 SCC 20, refd to. [para. 16].

Barrie Public Utilities et al. v. Canadian Cable Television Association et al., [2003] 1 S.C.R. 476; 304 N.R. 1; 2003 SCC 28, refd to. [para. 16].

S.J.F., Re, [2002] M.A.I.C.A.C.D. No. 59, refd to. [para. 22].

B.P., Re, [2002] M.A.I.C.A.C.D. No. 33, refd to. [para. 24].

African Lion Safari and Game Farm Ltd. v. Ontario (Minister of Natural Resources) et al. (1987), 19 O.A.C. 205; 37 D.L.R.(4th) 80 (C.A.), refd to. [para. 32].

South Westman Regional Health Authority Inc. v. Accurate Dorwin Co. et al. (2001), 156 Man.R.(2d) 284; 246 W.A.C. 284; 2001 MBCA 127, refd to. [para. 32].

Ahluwalia v. College of Physicians and Surgeons (Man.) (1999), 138 Man.R.(2d) 3; 202 W.A.C. 3 (C.A.), refd to. [para. 34].

R. v. D.A.Z., [1992] 2 S.C.R. 1025; 140 N.R. 327; 131 A.R. 1; 25 W.A.C. 1, refd to. [para. 36].

McMillan v. Thompson (Rural Municipality) (1997), 115 Man.R.(2d) 2; 139 W.A.C. 2 (C.A.), refd to. [para. 36].

Murphy v. Welsh (1991), 50 O.A.C. 246; 81 D.L.R.(4th) 475 (C.A.), affd. [1993] 2 S.C.R. 1069; 156 N.R. 263; 65 O.A.C. 103, consd. [para. 37].

Stoddard v. Watson - see Murphy v. Welsh.

R. v. Wold (1956), 64 Man.R. 177 (C.A.), refd to. [para. 43].

Ross, Barrett & Scott et al. v. A.S. (1995), 139 N.S.R.(2d) 383; 397 A.P.R. 383; 33 C.P.C.(3d) 250 (C.A.), refd to. [para. 43].

Fletcher v. Manitoba Public Insurance Corp. (2003), 173 Man.R.(2d) 230; 293 W.A.C. 230 (C.A.), consd. [para. 55].

Statutes Noticed:

Manitoba Public Insurance Corporation Act, R.S.M. 1987, c. P-215; C.C.S.M., c. P-215, sect. 138 [para. 7].

Manitoba Public Insurance Corporation Act Regulations (Man.), Reimbursement of Expenses (Universal Bodily Injury Compensation) Regulation, Reg. 40/94, sect. 10(1) [para. 9].

Reimbursement of Expenses (Universal Bodily Injury Compensation) Regulation - see Manitoba Public Insurance Corporation Act Regulations (Man.).

Authors and Works Noticed:

Driedger, Elmer A., The Composition of Legislation: Legislative Forms and Precedents (2nd Ed. 1976), generally [para. 42].

Maxwell, Peter Benson, Interpretation of Statutes (12th Ed. 1969), pp. 232, 233 [para. 34].

Counsel:

T.R. Strutt, for the appellant;

C.A. Everard and J.B. Froese, for the respondent, Menzies;

T.D. Gisser, for the respondent, Automobile Injury Compensation Appeal Commission.

This appeal was heard on June 15, 2005, by Huband, Monnin and Freedman, JJ.A., of the Manitoba Court of Appeal. The following decision of the Court of Appeal was delivered by Freedman, J.A., on September 13, 2005.