Sarvanis v. Canada
A-427-98
Malone J.A.
10/1/00
5 pp.
Appeal from Trial Division order ((1998), 156 F.T.R. 265) dismissing Crown's motion for summary judgment under former rules of Court-Issue whether Motions Judge erred in finding disability benefits under Canada Pension Plan not "pension" or "compensation" within Crown Liability and Proceedings Act (CLPA), s. 9-Decision below rendered on basis disability pension not paid in respect of injury, damage or loss in respect of which respondent based his claim against Crown-While working in hay barn at Joyceville penitentiary, respondent inmate suffered permanent injury and commenced action for damages based on alleged negligence of Crown servants-As result of same injuries, respondent applied for and received disability benefits under CPP-Amounts paid out of Consolidated Revenue Fund and charged to CPP Account-Crown now pleading CLPA, s. 9 providing no proceedings lie against Crown in respect of claim if pension or compensation has been paid out of Consolidated Revenue Fund in respect of injury, damage or loss in respect of which claim made-Appeal allowed-Pension herein paid out of Consolidated Revenue Fund "in respect of" same injury as basis for action for damages-Canada Pension Plan, R.S.C., 1985, c. C-5-Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 9.