COURT OF APPEAL FOR ONTARIO
RE: CHARLES MACINTYRE (Applicant/Appellant) v. HER MAJESTY THE QUEEN, in Right of the Province of Ontario as represented by the Ministry of Community and Social Services (Respondent/Respondent in Appeal)
BEFORE: McMURTRY C.J.O., MOLDAVER AND CRONK JJ.A.
COUNSEL:
Darcy Merkur for the appellant
Lori Patyk for the respondent
HEARD & ENDORSED: March 10, 2004
On appeal from the order of Justice S. Greer dated October 7, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We are satisfied that by virtue of the combined effect of s. 7(1) and s. 8 of the Motor Vehicle Accident Claims Act and s. 43 of the Financial Administration Act the Crown was entitled to set-off the damages that were due and payable by the Crown under the judgment obtained by the appellant against the monies owed to the Crown under the restitution order.
2In our opinion, the principles applicable to the seizure of non-pecuniary damages in a bankruptcy setting have no application here.
3Further, in our view, the res judicata argument has no merit. The appeal is therefore dismissed.
4Given the unusual facts in this case, there will be no order as to costs.