Authorson v. Canada (Attorney General)

58 O.R. (3d) 417

 Supreme Court of Canada

McLachlin C.J.C., Gonthier, Major, Bastarache,

Binnie, Arbour and LeBel JJ.

July 17, 2003

Constitutional law -- Canadian Bill of Rights -- Enjoyment of property -- Due process -- Government administering pensions for war veterans -- Government depositing funds in consolidated revenue fund -- Government breaching fiduciary duty by failing to invest funds and by failing to pay interest -- Section 5.1(4) of Department of Veterans Affairs Act not barring claim -- Section inoperative as contrary to Bill of Rights -- Canadian Bill of Rights, R.S.C. 1985, App. III, ss. 1(a), 2(e) -- Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, s. 5.1(4).

Crown -- Liability -- Breach of fiduciary duty -- Government administering pensions for war veterans -- Government depositing funds in consolidated revenue fund -- Government breaching fiduciary duty by failing to invest funds and by failing to pay interest -- Claim not barred by s. 9 of Crown Liability and Proceedings Act -- Section 5.1(4) of Department of Veterans Affairs Act not barring claim -- Section [page735] inoperative as contrary to Bill of Rights -- Canadian Bill of Rights, R.S.C. 1985, App. III, ss. 1(a), 2(e) -- Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50, s. 9 -- Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, s. 5.1(4).

Trusts -- Breach of trust -- Breach of fiduciary duty -- Failure to invest -- Failure to pay interest -- Government administering pensions for war veterans -- Government depositing funds in consolidated revenue fund -- Government breaching fiduciary duty by failing to invest funds and by failing to pay interest.

NOTE: The catchlines above relate to a decision of the Court of Appeal for Ontario (O'Connor A.C.J.O., Weiler and Goudge JJ.A. ), reported at [2004] O.J. No. 117. An appeal of this judgment to the Supreme Court of Canada (McLachlin C.J.C., Gonthier, Major, Bastarache, Binnie, Arbour and LeBel JJ.) was allowed on July 17, 2003 (2003 SCC 39). The full text of the appeal is available at [2003] S.C.J. No. 40 in the SCJ database.

Graham R. Garton, Q.C., John C. Spencer and Yvonne Milosevic, for appellant.

Raymond G. Colautti, David G. Greenaway and Peter Sengbusch, for respondent.