Supreme Court of Canada

Mérineau v. The Queen, [1983] 2 S.C.R. 362

Date: 1983-10-20

Jean-Guy Mérineau Appellant;

and

Her Majesty The Queen Respondent.

File No.: 16883.

1983: October 20.

Present: Beetz, Estey, McIntyre, Chouinard and Lamer JJ.

ON APPEAL FROM THE FEDERAL COURT OF APPEAL

Crown—Torts—Service member disabled by negligence of employee of military hospital—Disability not directly connected to military service—No proceedings lie against Crown if pension payable—Whether appellant entitled to disability pension under s. 12(2) of the Pension Act—Pension Act, R.S.C. 1970, c. P-7 (as amended by R.S.C. 1970 (2nd Supp.), c. 22), ss. 12, 88—Crown Liability Act, R.S.C. 1970, c. C-38, ss. 3, 4(1).

APPEAL from a judgment of the Federal Court of Appeal, 1981 4715 (FCA), [1982] 2 F.C. 376, which affirmed a judgment of the Trial Division, 1980 4152 (FC), [1981] 1 F.C. 420. Appeal allowed.

François Pelletier and Pierre Morin, for the appellant.

Jean-Marc Aubry, for the respondent.

English version of the judgment of the Court delivered orally by

BEETZ J.—It will not be necessary to hear you in reply, Mr. Pelletier.

We are all in agreement with Pratte J., dissenting in the Federal Court of Appeal, when he said: There is certainly a link between the damage for which the appellant is claiming compensation and his status as a serviceman, but I think that link is too tenuous for one to say that the damage is directly connected to his military service.

The appeal is allowed and the judgments of the Federal Court of Appeal and of the Federal Court are set aside, and the Court directs respondent to pay appellant the sum of $120,975 in damages, with interest from the date of service, together

[Page 363]

with the additional indemnity computed in accordance with the last paragraph of art. 1056c of the Civil Code of the Province of Quebec.

The whole with costs throughout.

Judgment accordingly.

Solicitors for the appellant: Vézina, Pouliot, L’Écuyer, Morin, Pelletier & Bureau, Ste-Foy.

Solicitor for the respondent: The Deputy Attorney General of Canada, Ottawa.