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Not So Simple After All: A Comment On Ravndahl V. Saskatchewan, Dianne Pothier
Not So Simple After All: A Comment On Ravndahl V. Saskatchewan, Dianne Pothier
Dianne Pothier Collection
Ravndahl became entitled to a survivor's pension under workers' compensation legislation upon the death of her husband in 1975, and disentitled upon remarriage in 1984. In 2000 she filed a statement of claim alleging the disentitlement constituted a section 15 Charter breach. The Saskatchewan government brought a pre-trial motion claiming the action was barred because of a six-year statute of limitations.
The Supreme Court of Canada assumed without deciding that the Charter applied. The author contends the Court should have affirmatively concluded that the Charter applies, on the basis that the claim is founded on the claimant's on-going status as …