The respondent injured two members of the Canadian Armed Forces in a motor vehicle accident.
The Crown brought an action per quod servitium amisit to recover the medical expenses and wages paid to the injured servicemen during their recovery.
The Court of Appeal held that the action was restricted to menial and domestic servants and dismissed the claim.
The Supreme Court of Canada allowed the appeal, holding that section 37 of the Federal Court Act deems armed forces members to be servants of the Crown, and the per quod action is available to the Crown to recover its expenses.
