Moffatt v. Canadian National Railway Co. et al., (2015) 313 Man.R.(2d) 316 (QB)

• Judge: Toews, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: February 06, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 313 Man.R.(2d) 316 (QB);2015 MBQB 26

Moffatt v. CNR (2015), 313 Man.R.(2d) 316 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. FE.040

Elizabeth Moffatt (plaintiff) v. Canadian National Railway Company, Mercer (Canada) Limited and The Great-West Assurance Company (defendants)

(CI 11-01-73057; 2015 MBQB 26)

Indexed As: Moffatt v. Canadian National Railway Co. et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Toews, J.

February 6, 2015.

Summary:

Moffatt's spouse, William, suffered depression following a 2003 workplace injury. In 2005, during the course of his employment, he committed suicide. As a result of William's death, Moffatt received monthly benefits under the employer's pension plan. She asserted that she was entitled to an enhanced benefit under the plan for a death resulting from an accidental injury.

The Manitoba Court of Queen's Bench dismissed the action.

Master and Servant - Topic 1954

Remuneration - Pension or retirement benefits - Survivorship or death benefits (incl. waiver) - Moffatt's spouse, William, suffered depression following a 2003 workplace injury - In 2005, during the course of his employment, he committed suicide - As a result of William's death, Moffatt received monthly benefits under the employer's pension plan - She asserted that she was entitled to an enhanced benefit under the plan for a death resulting from an accidental injury - The Manitoba Court of Queen's Bench dismissed Moffatt's action - An "accidental injury" under the plan excluded "an injury caused by a willful and intentional act" of the employee - While William's death was a compensable injury for the Workers' Compensation Board, it was not accidental - Further, the pension plan specifically excluded benefits for death from suicide - Finally, in order for the plaintiff to be entitled to the enhanced benefit, the death had to occur within one year of the injury - The court rejected Moffatt's assertion that such a time limit was contrary to public policy.

Cases Noticed:

Martin v. American International Assurance Life Co. et al., [2003] 1 S.C.R. 158; 301 N.R. 127; 178 B.C.A.C. 161; 292 W.A.C. 161; 2003 SCC 16, refd to. [para. 16].

Counsel:

William R. Gardner, for the plaintiff;

Richard Good, for the defendants, Canadian National Railway Co. and Mercer (Canada) Ltd.

This action was heard by Toews, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on February 6, 2015.