Nykorak v. Attorney General of Canada

Nykorak v. Attorney General of Canada

Section 50 of the Exchequer Court Act validly deems members of the armed forces to be servants of the Crown for determining liability, entitling the Crown to bring a per quod action for medical expenses and pay and allowances; the provision is intra vires Parliament under s.91(7) as legislation relating to militia, military and naval service and defence.

Citation
[1962] SCR 331
Parties
Appellant (defendant): Nick Nykorak; Respondent (plaintiff): Attorney General of Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 March 1962
Procedural Posture
Civil Appeal (tort) / Appeal to Supreme Court of Canada, Final Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Master and Servant, Per Quod Servitium Amisit, Exchequer Court Act S.50, Division of Powers S.91(7) BNA Act, Crown Liability
Source Language
English
Constitutional Law Tort Law Military Law Master and Servant Per Quod Servitium Amisit Exchequer Court Act S.50 Division of Powers S.91(7) BNA Act Crown Liability

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Parties

Nick Nykorak

Appellant (defendant)

Attorney General of Canada

Respondent (plaintiff)

Procedural Posture

Civil Appeal (tort) / Appeal to Supreme Court of Canada, Final Judgment

Legal Issues

  1. 1 Whether an action per quod servitium amisit lies at the suit of the Crown under s.50 of the Exchequer Court Act
  2. 2 Whether s.50 of the Exchequer Court Act is intra vires the Parliament of Canada under s.91(7) of the British North America Act

Ratio Decidendi

Section 50 of the Exchequer Court Act validly deems members of the armed forces to be servants of the Crown for determining liability, entitling the Crown to bring a per quod action for medical expenses and pay and allowances; the provision is intra vires Parliament under s.91(7) as legislation relating to militia, military and naval service and defence.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of Appeal for British Columbia affirmed.