Way v. Canada
T-3041-92
Strayer J.
26/4/93
8 pp.
Motion for preliminary determination of question of law under R. 474 -- Whether action can proceed in F.C.T.D. when limitation period expired prior to statement of claim being filed -- Acts complained of alleged to have taken place from September to December, 1973 at Canadian Armed Forces Base in Manitoba -- Under Federal Court Act, s. 39, limitation period that which would apply "between subject and subject" by law of province where cause of action arose -- Under Manitoba Limitation of Actions Act, s. 2(1)(e), action must be commenced "within two years after the cause of action arose"-Plaintiff relying upon National Defence Act, s. 269(1) referring to "continuance of injury or damage" -- S. 269(1) relating specifically to liability of service personnel, not to Crown-Words "in the case of continuance of injury or damage" refer to duration of wrongful acts or omissions complained of, not of consequences -- S. 269(1) should not be given broad effect as in Keddy v. Canada (1992), 55 F.T.R. 110 (T.D.), even if applicable to actions against Crown -- Action cannot proceed against Crown as brought many years after expiration of limitation period prescribed in law of Manitoba -- Federal Court Act, R.S.C., 1985, c. F-7, s. 39 -- Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 32 -- Limitation of Actions Act, R.S.M. 1970, c. L-150, s. 2(1)(e) -- National Defence Act, R.S.C., 1985, c. N-5, s. 269(1).