What is the effect of section 39 of the Canadian Defence Code on a claim for damages arising out of or directly connected with military service?
Canada (Federal), Canada
The following excerpt is from Canada (Attorney General) v. Frye, 2005 FCA 264 (CanLII):
The effect of section 39 was considered in Metcalfe v. Canada (Attorney General) (1999), 1999 CanLII 7436 (FC), 160 F.T.R. 281, where Evans J. (as he then was) wrote (at para. 17): While paragraphs (a), (b) and (c) of this section may not create a reverse onus by requiring the respondent to establish that a veteran's injury or medical condition was not attributable to military service, they go a considerable way in this direction by requiring, in effect, that claimants be given the benefit of any reasonable doubt. "arose out of or directly connected with" military service
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 1431.2 of the California Civil Code prohibit damages under California Code of Civil Procedure section 877 from being calculated as "economic damages" rather than as damages for personal injury? (MultiRegion, United States of America)
What is the appeal from a dismissal of claim against several defendants for alleged fraud arising from the adjudication of a claim for damages allegedly sustained by plaintiff in two industrial accidents? (MultiRegion, United States of America)
What is a "direct connection" between military service and the Pension Act? (Canada (Federal), Canada)
Does a federal prisoner who fails to raise a claim on direct appeal under section 2255 of the Criminal Code, default on the claim? (MultiRegion, United States of America)
What is the test for treating a claim for damages arising out of a previous violation as a separate claim? (MultiRegion, United States of America)
What is the effect of Mills v. Mills proxy solicitation on a plaintiff's claim for damages? (MultiRegion, United States of America)
Can a member of the armed services bring a tort claim under the Federal Tort Claims Act? (MultiRegion, United States of America)
What is the test for barring medical malpractice claims against an off-duty service member who sustained injuries in an incident to service? (MultiRegion, United States of America)
Is a plaintiff's claim for damages arising out of a motor vehicle accident sustained as a result of injuries sustained in the accident/accident? (MultiRegion, United States of America)
Can a plaintiff bring a claim against the Department of Health and Social Services under Section 1983 of the Child Protection Act to expunge her name from a registry of alleged child abusers? (MultiRegion, United States of America)
