Case Name:

Authorson Estate v. Canada (Attorney General)

Joseph Patrick Authorson, deceased, by his Litigation

Administrator, Peter Mountney and by his Litigation

Guardian, Lenore Majoros

v.

The Attorney General of Canada

[2004] S.C.C.A. No. 235

File No.: 30343

 Supreme Court of Canada

Record created: May 21, 2004.

Appeal From:

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO

Status:

Application for leave to appeal dismissed with costs (without reasons) October 14, 2004.

Catchwords:

Statutes -- Interpretation -- Property law -- Pensions -- Estates -- Department of Veterans Affairs (DVA) administering accumulated pension and treatment allowances on behalf of disabled veterans deemed incapable of managing own affairs -- Court of Appeal finding accumulated but unspent pension and treatment allowances in veterans' accounts not forming part of veterans' estates upon death, pursuant to unambiguous and intra vires legislation -- Whether s. 31 Pension Act unambiguously authorizes Crown to keep, at their deaths, unpaid balance of veterans' accumulated administered pensions -- Whether s. 55 Veteran's Treatment Regulations is ultra vires its enabling statute, Department of Veterans Affairs Act -- Pension Act R.S.C. 1985 c. P-6, s. 31, as amended -- Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, s. 5(1)(d) -- Veteran's Treatment Regulations, C..R.C. 1978, c. 1585, s. 55.

Counsel:

Raymond G. Colautti (Raphael, Partners), for the motion.

John C. Spencer (Attorney General of Canada), contra.

Chronology:

1. Application for leave to appeal:

FILED: May 21, 2004. S.C.C. Bulletin, 2004, p. 937.

 SUBMITTED TO THE COURT: September 7, 2004. S.C.C. Bulletin,

 2004, p. 1335.

 DISMISSED WITH COSTS: October 14, 2004 (without reasons).

 S.C.C. Bulletin, 2004, p. 1521.

 Before: Major, Binnie and Fish JJ.

Procedural History:

Judgment	at first instance: Applicant's motion for summary
	judgment regarding accumulated pensions, dismissed;
	Applicant's claim regarding accumulated treatment
	allowances, allowed in part; s. 55 Veterans Treatment
	Regulations declared ultra vires as of 1986.
	Ontario Superior Court of Justice, Brockenshire J.,
	March 24, 2003.
	63 O.R. (3d) 707; [2003] O.J. No. 1045.

Judgment	on appeal: Applicant's appeal dismissed; Respondent's
	cross-appeal, allowed.
	Ontario Court of Appeal, Abella and Blair JJ.A. and
	Benotto J. (ad hoc), March 25, 2004.
	[2004] O.J. No. 1201.

ver/rpl