Date: 20030319
Docket: A-134-02
Neutral citation: 2003 FCA 145
CORAM: LÉTOURNEAU J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
HER MAJESTY the QUEEN in right of CANADA
(MINISTRY OF NATIONAL DEFENCE)
Defendant/Appellant
and
MARIE-CATHERINE MARSOT
Plaintiff/Respondent
Heard at Ottawa, Ontario, March 19, 2003
Judgment delivered from the Bench at Ottawa, Ontario, March 19, 2003
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
[1] We are all of the view that the Motions Judge was correct to conclude that the Crown provided insufficient evidence in support of its summary judgment motion to establish that the basis on which the Respondent was awarded a pension under the Pension Act, R.S.C. 1985, c. P-6, is in respect of the same injury, damage or loss as the basis for her claims. We express no opinion on the Motions Judge's interpretation of section 9 of the Crown Liability and Proceeding Act, R.S.C. 1985, c. C-50, which was completed without the benefit of the decision of the Supreme Court of Canada in 2002 SCC 28">Sarvanis v. Her Majesty the Queen, 2002 SCC 28.
[2] This appeal will be dismissed with costs.
"K. Sharlow"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
(Appeal from an Order of the Trial Division dated February 28, 2002, T-2333-00)
DOCKET: A-134-02
STYLE OF CAUSE: Her Majesty the Queen in Right of Canada (Ministry of National Defence) and Marie-Catherine Marsot
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: MARCH 19, 2003
REASONS FOR JUDGMENT
OF THE COURT : LÉTOURNEAU, SEXTON, SHARLOW J.J.A.
RENDERED FROM THE BENCH BY: SHARLOW J.A.
DATED: MARCH 19, 2003
APPEARANCES:
Mr. Christopher Rupar FOR THE DEFENDANT/APPELLANT
Ms. Monika Lozinska
Mr. Alan Riddell FOR THE PLAINTIFF/RESPONDENT
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada FOR THE DEFENDANT/APPELLANT
Soloway, Wright LLP FOR THE PLAINTIFF/RESPONDENT
Barristers & Solicitors
Ottawa, Ontario
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