The appellant's widow's pension was terminated upon her remarriage in 1984, prior to the coming into force of the equality rights provision of the Charter.
She brought an action in 2000 seeking a declaration of unconstitutionality and personal remedies including reinstatement of her pension and damages.
The Supreme Court of Canada held that while her claim for a declaration of invalidity could proceed, her claims for personal relief were statute-barred.
The cause of action arose on April 17, 1985, when section 15 of the Charter came into effect, and the six-year limitation period under the Limitation of Actions Act applied to bar her personal claims.