King v. Canada

King v. Canada

The proper course is to seek remedial action from the Minister under subsection 66(4) of the Canada Pension Plan and, if refused, pursue judicial review; the Court will not proceed by private action to award interest on retroactive CPP disability payments and accordingly the motion to strike was adjourned sine die to allow the plaintiff to pursue the statutory route.

Citation
2007 FC 272
Parties
Plaintiff (motion Respondent): Daniel King; Defendant (moving Party): Her Majesty the Queen
Court
Federal Court
Jurisdiction
Canada
Judgment Date
8 March 2007
Procedural Posture
Proposed Class Action; Motion to Strike / Motion to Strike Heard and Adjourned Sine Die to Permit Ministerial Request and Potential Judicial Review
Outcome
Motion to strike adjourned sine die by consent
Legal Topics
Canada Pension Plan Benefits, Interest on Retroactive Payments, Subsection 66(4) Remedial Powers, Striking Pleadings for Disclosing No Reasonable Cause of Action, Abuse of Process and Carriage of Class Actions
Source Language
English
Administrative Law Public Law Class Actions Statutory Interpretation Equity and Remedies Canada Pension Plan Benefits Interest on Retroactive Payments Subsection 66(4) Remedial Powers +2 more

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Parties

Daniel King

Plaintiff (motion Respondent)

Her Majesty the Queen

Defendant (moving Party)

Procedural Posture

Proposed Class Action; Motion to Strike / Motion to Strike Heard and Adjourned Sine Die to Permit Ministerial Request and Potential Judicial Review

Legal Issues

  1. 1 Whether the amended statement of claim discloses a reasonable cause of action or is an abuse of process
  2. 2 Whether statutory contract or statutory duty causes of action arise from the Canada Pension Plan
  3. 3 Whether subsection 66(4) of the Canada Pension Plan authorizes payment of interest as remedial action

Ratio Decidendi

The proper course is to seek remedial action from the Minister under subsection 66(4) of the Canada Pension Plan and, if refused, pursue judicial review; the Court will not proceed by private action to award interest on retroactive CPP disability payments and accordingly the motion to strike was adjourned sine die to allow the plaintiff to pursue the statutory route.

Court Disposition

Motion to strike adjourned sine die by consent

Orders

  • On consent, this motion to strike the plaintiff’s amended statement of claim is adjourned sine die.