Campbell v. Canada
T-987-91
Noël J.
12/1/94
6 pp.
Motion under R. 419 for order striking statement of claim as revealing no viable cause of action and remedies sought not available at law -- Plaintiff married to member of Canadian Armed Forces -- Upon husband's death in June 1962, plaintiff entitled to pension pursuant to Pensions Act -- Ceasing to be eligible for pension by reason of second marriage in November 1966-Pursuant to Statute Law (Superannuation) Amendment Act, plaintiff again eligible to collect first husband's pension -- Reinstated as pension beneficiary from June 29, 1989 onwards -- Claiming pension accrual from April 17, 1985 to June 29, 1989 as monetary remedy under Charter, s. 24 -- Charter, s. 15 coming into force on April 17, 1985 -- Plaintiff submitting Pension Act, s. 59(1) of no force or effect as of April 17, 1985 as discriminating on basis of sex and marital status contrary to Charter, s. 15 -- Issue underlying litigation cannot be said to have disappeared by reason only of revocation of offending provision -- Issue raised by statement of claim not moot as not plain and obvious claim cannot succeed-Question raised by R. 419 application not to be decided in vacuum -- Motion dismissed -- Pension Act, R.S.C., 1985, c. P-6, s. 59(1) (as rep. by S.C. 1989, c. 6, s. 32) -- Federal Court Rules, C.R.C., c. 663, R. 419 -- 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], ss. 15, 24.