Canada (Minister of National Defence) v. Marsot
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Canada (Minister of National Defence) v. Marsot Court (s) Database Federal Court of Appeal Decisions Date 2003-03-19 Neutral citation 2003 FCA 145 File numbers A-134-02 Decision Content 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. 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 REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on March 19, 2003) 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 withou…
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Canada (Minister of National Defence) v. Marsot Court (s) Database Federal Court of Appeal Decisions Date 2003-03-19 Neutral citation 2003 FCA 145 File numbers A-134-02 Decision Content 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. 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 REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on March 19, 2003) 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 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
Source: decisions.fca-caf.gc.ca