Supreme Court

Decision Information

Kabesh (Re)

Court Supreme Court
Date 1983-04-07
Other citations (sub nom. Kabesh v. Commissioner of N.W.T.) 146 D.L.R. (3d) 334 – [1983] 4 W.W.R. 431 – [1983] N.W.T.R. 108 – 44 A.R. 126 (S.C.)
File numbers SC 6008
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
R. v. A. (1974), 26 C.C.C. (2d) 474 (Ont. H. Ct.)
R. v. Dashner, (1974) 2 W.W.R. 11 (B.C.C.A.)
R. v. Farley, (1976) W.W.D. 128 (Man C.A.)
R. v. Groves (1977), 39 C.R.N.S. 366 (Ont. H.C.)
St. Lawrence & Ottawa Ry v. Lett (1885), 11 S.C.R. 422
Agnew v. Elle, (1936) 3 W.W.R. 337 (B.C.S.C.)

Statutes considered:
Criminal Injuries Compensation Ordinance, R.O.N.W.T. 1974, c. C-23, s. 7, s. 26 (1), s. 3 (1), s. 5, s. 22 (2), s. 20 (2)
Interpretation Ordinance, R.O.N.W.T. 1974, c. I-3, s. 26 (6), s. 21 (11), s. 11
Northwest Territories Act, R.S.C. 1970, c. N-22, s. 13, s. 14, s. 18 Pension Act, R.S.C. 1970, c. P-7, s. 88, s. 12 (2)
Canadian Forces Superannuation Act, R.S.C. 1970, c. C-9
Public Service Superannuation Act, R.S.C. 1970, c. P-36
Canada Pension Plan Act, R.S.C. 1970, c. C-5
Decision information:

Abstract: Claim for compensation under the Criminal Injuries Compensation Ordinance - Claimant, an ex-serviceman, lost his leg as a result of injuries sustained when fired upon by an Inuit hunter, who mistook him for a wolf, in blizzard conditions near Inuvik - Hunter convicted of criminal negligence - Hunter without means to satisfy an judgment which might be obtained in an action for damages - Court finding that, not being a peace office, claimant is a "victim" who suffered "injury" within meaning of Ordinance - Claimant receiving pension since time of discharge - Court finding that proceedings under Ordinance are not against Commissioner - Award made only against Northwest Territories Revenue Fund - Claim not barred by Pension Act - Claimant not eligible for non-pecuniary compensation - Claimants pension from Armed Forces falling within meaning of "pension plan or program" referred to in Ordinance and therefore deducted from award
Decision: Claim allowed in part, subject to deduction under s. 20 (2) of pension benefits under s. 88 of the Pension Act - Costs reserved.
Subjects: Damages - Criminal injuries compensation
Keywords: Officer of Her Majesty
Actions and proceedings
Pensions

Decision Content

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