Moxham v. Canada
A-319-98
Linden J.A.
18/2/99
4 pp.
Appeal from trial judgment ([1998] 3 F.C. 441) dismissing action for injuries incurred in auto accident involving vehicle driven by federal public servant-Saskatchewan Automobile Accident Insurance Act (AAIA) preventing any auto accident victim in Saskatchewan from suing in tort for damages arising from bodily injuries-No inconsistency with Crown Liability and Proceedings Act, as Crown only liable if ordinary person would be liable-Ordinary person would not be liable herein-No reason why person injured by vehicle operated by federal public servant should be in any different position-Nothing in AAIA affecting rights of Crown, only those of individuals injured in Saskatchewan-As no right of action arising, Trial Judge correctly dismissing action against individual-Considerable confusion as to Court's jurisdiction in tort actions against Crown-While some authority indicating ordinary tort action cannot be prosecuted in this Court because no federal law nourishing such action (Pacific Western Airlines Ltd. v. R, [1980] 1 F.C. 86 (C.A.)), many cases where ordinary tort actions proceeded in this Court (Baird v. R., [1984] 2 F.C. 160 (C.A.); Stuart v. Canada, [1989] 2 F.C. 3 (T.D.))-Not worthwhile to engage in lengthy discussion of that issue in this case in light of decision no cause of action lies in any event-C.A. not persuaded analysis of Trial Judge concerning prescriptions, limitations in Crown Liability and Proceedings Act, s. 32 accurate, but in light of findings on other issues, not assisting applicant-Appeal dismissed-Automobile Accident Insurance Act (The), R.S.S. 1978, c. A-35, s. 102 (as enacted by S.S. 1994, c. 34, s. 18)-Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50 (as am. by S.C. 1990, c. 8, s. 21), s. 32 (as am. by S.C. 1990, c. 8, s. 31).