PROVINCIAL COURT OF SASKATCHEWAN CIVIL DIVISION Citation: 2016 SKPC 166 Date: December 7, 2016 File: 519/16 Location: Regina, Saskatchewan Gordon Arnold -and - Office of the Deputy Attorney General of Canada FIAT NOTICE OF REJECTION OF SUMMONS P. DEMONG, J [ 1 ]

Section 7 of The Small Claims Act, 1997 obligates a Judge of this Court to review any claim which is brought to this Court to determine, among other things, whether or not this Court has jurisdiction in adjudicate on the claim that is being advanced by a plaintiff. [ 2 ] In this instant circumstances the plaintiff seeks to bring action against The Office of the Attorney General of Canada, in so far as it represents the Government of Canada for recovery of certain disability benefits which he says may be due and owing to him. [ 3 ] In considering this matter I have had the benefit of reading the decision of Mr. Justice Keene of our Court of Queen’s Bench in

Nagy v Human Resources Compensation Care Benefits, 2012 SKQB 419 . He notes, quite properly in my estimation, that thereis no civil cause of action against the Crown at common law. However, permissive legislation to do so is found in the Crown Liabilityand Proceedings Act, R.S.C., c. C-50 at s. 21(1). This

section obligates a person who seeks to sue the Crown, to proceed with that action in the Federal Court where that Court has exclusive jurisdiction, or in thesuperior court of a province when that Court has concurrent jurisdiction with the subject matter of the claim. [4] Mr. Justice Keene has confirmed at para. 12, of his decision that there is no statute that provides the Provincial Court inSaskatchewan with jurisdiction to hear a small claims case against the Federal Crown.

As such, this Court lacks jurisdiction to try thisaction and I refuse, for that reason to issue a Summons in respect of this matter. [5] This refusal does not, in accordance with Section 7(4) of The Small Claims Act, 1997, prevent the plaintiff from proceeding in theCourt of Queen’s Bench, or in any other manner authorized by law. Dated at Regina, Saskatchewan the 7th day of December, 2016. _______________________ P. Demong, J