PRACTICE |
Variation of Time |
Leboeuf v. Canada (Department of National Defence)
01-T-47
2001 FCT 1297, Blais J.
27/11/01
8 pp.
Motion by plaintiff for extension of time in which to file application for judicial review of decision by defendant on April 28, 1994--Plaintiff himself admitted under applicable rules he had until May 28, 1994 to file application for judicial review--Plaintiff member of Canadian Armed Forces until released on July 10, 1973, date on which able to collect pension of $250.64 per month--In 1981-1982 plaintiff went back to work in Canadian Armed Forces reserves and again released on August 31, 1982 with pension increased to $406.02 per month--Between July 10, 1973, date of first release, and January 1, 1975, date of release as presumed under Canadian Forces Superannuation Act, lost indexing benefits for 1973 and 1974, then were quite high--Despite his many efforts, plaintiff always met with negative response from Department of National Defence authorities--Counsel for defendant mentioned plaintiff should have made different decisions at time he returned to work in 1981-1982 to avoid present unfortunate hardship, as for example by working for one year less a day, which would have made it possible to get around provisions of Act--Litigants should not be required to resort to options having appearance of underhand dealing in order to avoid complying with Act, especially when such suggestions came from managers responsible for administering programs in first place--Plaintiff's position may seem absurd, but nevertheless does result from strict reading of the Act--Plaintiff always intended to prosecute his remedies in this matter--Instead of suggesting beneficiaries of Act try to get around it in order to increase their eventual benefits, managers responsible for administering program for defendant should be ensuring management above take in board and justice not only done in applying Act, but seen to be done--Plaintiff had serious issue to argue in Federal Court and in interest of justice for him to be heard in order to assert his rights--Application allowed--Canadian Forces Superannuation Act, R.S.C., 1985, c. C-17.