Lawandy v. Canada
T-610-93
Giles A.S.P.
31/5/93
3 pp.
Action for damages caused by alleged fraud by Crown servants -- Alleged fraud Crown servants paying plaintiff less than maximum amount payable as disability pension under Canada Pension Plan -- Direct damages difference between amount of pension actually paid and amount to which alleges entitled -- Indirect damages resulting from hardship caused by inability to buy cylinder of oxygen and loss of dignified life as could not afford better living accommodations -- Entitlement to damages dependent upon whether entitled to larger disability pension -- Whether Court having jurisdiction to determine amount of disability pension which ought to have been paid -- Canada Pension Plan providing for hierarchy of appeal tribunals to determine proper amount of disability pension -- Applicant not exhausting appeals before resorting to this Court -- Case law indicating where specific provision for appeals through administrative hierarchy, no appeal lies to this Court until those appeal rights exhausted -- Defendant granted leave to file conditional appearance for purpose of contesting Court's jurisdiction -- Proceedings stayed for three weeks -- Canada Pension Plan, R.S.C., 1985, c. C-8.