Kuczerpa v. Canada
A-1170-91
Stone J.A.
3/3/93
5 pp.
Appeal from judgment striking out statement of claim for failure to disclose reasonable cause of action-Statement of claim alleging appellant suffering debilitating physical condition caused by pesticide poisoning-Pleading breach of statutory duty, negligent breach of federal statutes, regulations by ministers responsible for their administration, negligent failure to adopt laws which if adopted would allegedly have prevented illness-Also pleading Minister required to refuse or to cancel registration of chemicals and formulations thereof for pesticidal use which cause irreversible neurological damage to fulfill obligations under Charter, s. 7-Appeal dismissed-Well established "nominate tort of statutory breach giving right to recovery merely on proof of breach and damages should be rejected"-Also well established no cause of action in negligence against Crown in respect of pure policy decisions even where duty of care so that governments not restricted in making decisions based upon social, political or economic factors-Decisions herein of pure policy nature, as distinguished from decisions pertaining to implementation of adopted policy-Ministers themselves (highest level of authority in these government agencies) exercising power of decision under statutes and regulations, so far as relied upon as foundation of alleged cause of action in tort-Decision of Government of Canada to pass or to refrain from passing general legislative measures reflecting current policy not giving rise to cause of action in tort by general public-Appellant alleges negligence for failure to warn of various dangers of pesticides because delayed neurotoxins-As decisions to register and to allow continued registration of control products policy decisions whose good faith not attacked (amounting to determinations use of control products in circumstances stated in legislation not presenting dangers to public), no basis for finding respondent failed in duty to warn-Charter, s. 7, enshrining right to life and security of person, not placing upon Minister of Agriculture obligation to refuse or to cancel particular registration under Pest Control Products Act-Validity of law under which Minister granted discretion to register or to refuse registration of control product not in issue in pleading-Federal Court Rules, C.R.C., c. 663, R. 419-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7-Pest Control Products Regulations, C.R.C., c. 1253, ss. 18(d)(ii), 20-Pest Control Products Act, R.S.C., 1985, c. P-9, s. 6-Canadian Environmental Protection Act, R.S.C., 1985 (4th Supp.), c. 16, ss. 2(a), 15(a)(ii)-Food and Drug Act, R.S.C., 1985, c. F-27, ss. 4(a),(b).