Sarvanis v. Canada
T-2075-92
MacKay J.
15/9/98
12 pp.
Motion to amend statement of defence (allowing it to plead Crown Liability and Proceedings Act (CLPA), s. 9 and Canada Pension Plan Act (CPP Act), ss. 42(2)(a), 44(1)(b) and 108(3)(a)), and granting summary judgment dismissing plaintiff's claim for damages arising from injuries said to have resulted from negligence of defendants' servants-Plaintiff, inmate at Pittsburg Institution, injured in June 1992 while working in hay barn located at penitentiary-Initiated action for damages ($680,000), alleging negligence on part of Crown servants-As result of injuries, plaintiff disabled and applied for CPP disability benefits-Benefits approved in September 1996, with benefits paid retroactive to October 1994-To date, plaintiff has received approximately $55,000 in combination of welfare benefits, family benefits and CPP disability benefits since accident, and may expect to receive further $173,000 in family benefits and CPP disability benefits, should he remain disabled until normal retirement age of 65-Only question relating to disability benefits under CPP Act-Defendant urging plaintiff's disability pension payments under CPP Act precluding action against Crown in relation to claim by reason of CLPA, s. 9-Disability benefits cannot be "pension" or "compensation" within Act, s. 9-Disability pension paid to plaintiff not paid "in respect of injury, damage or loss in respect of which plaintiff's claim made"-Disability pension paid to plaintiff as qualified contributor under CPP in relation to disability, without reference to cause thereof-Not paid in respect of injury, damage or loss claimed in action-Injury not basis of or reason for disability pension entitlement under CPP Act-Motion to amend statement of defence allowed, but motion for summary judgment dismissed as not plain and obvious plaintiff has no arguable case-Canada Pension Plan, R.S.C., 1985, c. C-8, ss. 42(2)(a) (as am. by R.S.C., 1985 (2nd Supp.), c. 30, s. 12), 44(1)(b) (as am. idem, s. 13), 108(3)(a)-Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50 (as am. by S.C. 1990, c. 8, s. 21), s. 9.