The appellant, acting as a representative plaintiff in a class action, appealed a decision regarding the Crown's obligation to pay administered funds to a veteran's estate upon death.
The appellant argued that clear statutory language was required to divest such funds, which was absent in the lapsing provisions of the Pension Act and Veterans Treatment Regulations.
The Court of Appeal dismissed the appeal, finding the lapsing provisions clearly intended to prioritize spouses and dependants over estates.
The Crown's cross-appeal was allowed, with the court finding that section 55 of the Veterans Treatment Regulations remained intra vires after 1986, as subordinate legislation is not required to mirror its enabling statute exactly.
