Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Tue, 5 Aug 2003 13:05:53 -0400 |
| Re: |
Authorson |
My apologies to everyone for once again trumpeting a
decision which someone else had posted.
This, I think, has not yet appeared - the multi-billion
dollar claim in Authorson, by disabled veterans against the Canadian federal
government for failure to pay interest on pension funds, has now been
resolved against the plaintiffs. At trial and in the CA they won, both
courts agreeing that there was a breach of fiduciary obligation, and that
the Bill of Rights of 1960 (of which very little is heard since the Charter
of Rights) made inoperative the retroactive legislation which Parliament
passed to try to eliminate its liability. But the SCC has reversed.
Authorson v. Canada (Attorney General), [2003] S.C.J.
No. 40, July 17, 2003, is on Quicklaw and Canlii.
http://www.canlii.org/ca/cas/scc/2003/2003scc39.html
I am still not sure whether an award of interest is compensation
or restitution.
Lionel
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