Supreme Court
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