Hyperlawhypertext legal database Mérineau v. The Queen [1983] 2 SCR 362

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Mérineau v. The Queen

[1983] 2 SCR 362 Court SCC Decision date 1983-10-20 Docket 16883 English

PartiesJean-Guy Mérineau Appellant·Her Majesty The Queen Respondent

Counsel (4)
François Pelletier and Pierre Morin, for the appellant.
Jean-Marc Aubry, for the respondent.
Solicitors for the appellant: Vézina, Pouliot, L’Écuyer, Morin, Pelletier & Bureau, Ste-Foy.
Solicitor for the respondent: The Deputy Attorney General of Canada, Ottawa.

Judges Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio

Decision 4–1 Majority (4) · BEETZ J. (1)

On appeal from Federal Court of Appeal

Subjects State

Contents

Majority

English version of the judgment of the Court delivered orally by

BEETZ J.

BEETZ J.—It will not be necessary to hear you in reply, Mr. Pelletier.
We are all in agreement with Pratte J., dissenting in the Federal Court of Appeal, when he said: There is certainly a link between the damage for which the appellant is claiming compensation and his status as a serviceman, but I think that link is too tenuous for one to say that the damage is directly connected to his military service.
The appeal is allowed and the judgments of the Federal Court of Appeal and of the Federal Court are set aside, and the Court directs respondent to pay appellant the sum of $120,975 in damages, with interest from the date of service, together
[Page 363]
with the additional indemnity computed in accordance with the last paragraph of art. 1056c of the Civil Code of the Province of Quebec.
The whole with costs throughout.
Judgment accordingly.
Solicitors for the appellant: Vézina, Pouliot, L’Écuyer, Morin, Pelletier & Bureau, Ste-Foy.
Solicitor for the respondent: The Deputy Attorney General of Canada, Ottawa.