CROWN |
Torts |
Scheuneman v. Canada (Human Resources Development)
T-974-01
2004 FC 1084, O'Reilly J.
6/8/04
9 pp.
Plaintiff began receiving Canada Pension Plan (CPP) disability benefits in 1989--Benefits terminated October 1, 1997, but eventually retroactively reinstated shortly after plaintiff commenced this action--Even though obtained benefits sought, plaintiff continued action for other forms of relief arguing negligence, violation of Charter rights--Action dismissed--Liability for negligence requiring duty of care, breach of that duty, resulting injury to other person--Plaintiff failed to show respondent owed him duty of care--Policy considerations preventing Court from recognizing duty of care even though proximity, foreseeability established--In this context "policy considerations" including concern not to create form of indeterminate liability--In addition, existence of alternative remedies militating against recognition of new duty of care--Canada Pension Plan, s. 66(4) providing mechanism by which errors can be corrected--As well, availability of judicial review from defendant's decision presenting sound policy reason not to recognize duty of care on defendant's part--Judicial review providing reasonably expeditious means of obtaining principal goal (payment of arrears), costs--Plaintiff arguing defendant breached Charter, s. 7 right to liberty and security of the person--Citing various decisions of Supreme Court of Canada that, according to plaintiff, expand concepts of liberty and security of the person to point that they cover distress suffered when benefits suspended and reinstated only after considerable delay--As to liberty, Supreme Court holding where state interferes with person's fundamental life choices, s. 7 may apply--However, recently stating purely economic interest not included in s. 7--Plaintiff not establishing violation of Charter rights-- Canada Pension Plan, R.S.C., 1985, C-8, s. 66(4) (as am. by S.C. 1995, c. 33, s. 31)--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.