Christine Mohr

The Crown appealed a motion judge's decision awarding $4.6 billion in damages to a class of disabled veterans for the Crown's failure to invest or pay interest on administered pension funds prior to 1990.

The Court of Appeal allowed the appeal, finding that a previous Supreme Court of Canada decision upholding the validity of s. 5.1(4) of the Department of Veterans Affairs Act finally ended the litigation.

The Court held that s. 5.1(4) constituted a complete bar to the class's claims for damages, and that the motion judge erred in interpreting it as only a partial bar.

Furthermore, the Court found that the claims were time-barred and that the doctrine of equitable fraud did not apply to toll the limitation period.

The appellant appealed the judgment of the lower court.

The Court of Appeal agreed with the reasons of the lower court judge and dismissed the appeal.

In the circumstances, the court declined to order costs on the appeal.

The Attorney General of Canada moved for an order to clarify its status in an appeal where the appellants challenged the constitutionality of the State Immunity Act.

The Attorney General had intervened at trial to defend the Act's constitutionality.

The Court of Appeal held that under s. 109(5) of the Courts of Justice Act, the Attorney General retains intervener status but acquires certain appellate rights limited to the constitutional issue.

The Court ordered the title of proceedings amended to show the Attorney General as an Intervener (Respondent) and permitted the filing of a supplementary exhibits book.