PRACTICE |
Pleadings |
Motion to Strike |
Carriere v. Canada
T-2205-98
2001 FCT 569, Rouleau J.
1/6/01
6 pp.
Application for order under r. 221(1)(a) striking out plaintiffs' statement of claim as disclosing no reasonable cause of action--Plaintiffs widow, children of Constable Frank Carriere who drowned on November 30, 1997 while performing duties as RCMP diver--Following death, widow received pensions under RCMP Superannuation Act, Pension Act--In November 1998 plaintiffs filed statement of claim alleging negligence on part of defendants leading to death of Constable Carriere--Crown arguing plaintiffs' action beyond Court's jurisdiction as statutorily barred by RCMP Superannuation Act, s. 32(2), Pension Act, s. 111, Crown Liability and Proceedings Act, s. 9--By virtue of later provisions, plaintiffs' claim, as matter of law, statute barred, in so far as plaintiffs received pensions, paid out of Consolidated Revenue Fund "in respect of " untimely death of Constable Carriere while claim in present action also for relief from same damage, loss--Application allowed--Federal Court Rules, 1998, SOR/98-106, r. 221--Royal Canadian Mounted Police Superannuation Act, R.S.C., 1985, c. R-11, s. 32 (as am. by S.C. 1998, c. 11, s. 1(1)(F), (2))--Pension Act, R.S.C., 1985, c. P-7, s. 111--Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 9.