Supreme Court

Decision Information

Demchuk (Re)

Court Supreme Court
Date 1983-04-07
Other citations [1983] N.W.T.R. 121
File numbers SC 6009
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Statutes considered:
Criminal Injuries Compensation Ordinance, R.O.N.W.T. 1974, c. C-23, s. 5 (1) (2)
Decision information:

Abstract: Claimant a member of Canadian Armed forces who was wounded when fired upon by Inuit hunter near Inuvik - Case falling outside "Good Samaritan" exception covered by Criminal Injuries Compensation Ordinance - Court unable to award compensation for pain and suffering and other non-pecuniary losses - No basis for medical claims as all of the claimant's medical expenses assumed by Armed Forces - Claimant clearly a "victim" whose "injury" is within meaning of Ordinance so as to entitle him to compensation.
Decision: Claim allowed in part - Court awarding compensation for pecuniary damages resulting from partial disability and care for his "nervous" stomach and left leg - Court awarding compensation for sadness and embarrassment caused by disfigurement (wasted thigh musculature) - Costs reserved.
Subjects: Damages - Criminal injuries compensation
Keywords: Pain and suffering
Good Samaritan exception

Decision Content

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