DAOD 7004-1, Claims and Ex gratia Procedures Page 1 of 10

Claims and Ex gratia Procedures

Identification
Date of Issue 2003-10-17

Application This is a directive that applies to employees of the Department of National

Defence (DND) and an order that applies to officers and non-commissioned
members of the Canadian Forces ("CF members").

Supersession z CFAO 59-3, Claims By or Against the Crown

Note the CADENCE Vol 22
issue about notifying the
Chain of Command if there's a
pending action (and ensuring
those who have the job have
the right qualifications).
z CFAO 59-4, Compensation for Loss of or Damage to Personal
Baggage Accepted for Shipment
z CFAO 205-5, Military Foreign Service Regulations, Part 10,
Compensation for Damage or Loss of Furniture and Effects, Section
5, Claims Procedures for Damage or Loss of F&E
z CFAO 210-25, Compensation for Loss of or Damage to Personal
Property Caused by Service Laundries and Dry Cleaning
Establishments
z CFAO 210-27, Compensation for Loss of or Damage to Personal
Property
z CPAO 3.15, Recovery for Loss of or Damage to Public Property
z CPAO 3.16, Policy on Claims and Ex gratia Payments for Damage to
Servants Effects

Approval This DAOD is issued under the authority of the Department of National
Authority Defence/Canadian Forces Legal Advisor (DND/CF LA).

Enquiries Director, Claims and Civil Litigation (DCCL) or the nearest representative of
the Judge Advocate General (JAG).
Now Maj. Reichert as the JAG co-Defendants with the
Barrs under QB 0503 19251).

Definitions
Claims Claims include requests for compensation to cover losses, expenditures or
damages sustained by the Crown or a claimant, including requests or
suggestions that the Crown make an ex gratia payment.

Claims do not include claims made under other governing instruments or

policies, for example:

z under section 11 of the Canadian Human Rights Act (Equal Wages);

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 DAOD 7004-1, Claims and Ex gratia Procedures
The 408 Experience resulted
in "loss" of that opportunity to
a battery suffered by the
order of Dr. Wendy White ,
mis-reported by Dr. Bland to
Transport Canada and left
uncorrected prior to
foreseeable "llosses" of
long-tem employability.
The Plaintiff is also a
(potential )"533 Sqn Famil
Pilot" with a dependant in the
unit.
Crown Servant
This would include the Barrs, Cst Policy on Claims and Ex gratia Payments made by the Treasury Board.
Poirier and Curtis Woods as
having a job to report accurate
observations and diagnostics for l’État)
the Crown and Transport Canada.
Ex gratia Payment
Reporting of an Incident
When to Report
This would be the "main arrows
for FACS" referring to the words
"living welfare recipient" and
"potential lawsuit action" (negated
by Crown Kennedy as "not Court
documents") and outstanding via
Maj. Barr's "Interrogatories".
Motor Vehicle
Accidents
Serious Injury
or Death
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z from a contract dispute;
The "loss" was, and is, to short-term and
long-term employability to contested
z for loss and recovery of money; diagnostic observations.
z for damage or loss to Crown servants’ effects during travel or
relocation that may be claimed under the public service or CF
integrated relocation programs; and
z related to bodily injury while on duty.
(réclamations)
Crown servant has the same meaning as set out in the Treasury Board
DND employees and CF members are Crown servants. Persons engaged
under contracts for services are not Crown servants. (fonctionnaire de
Ex gratia payment means a benevolent payment made to anyone in the
public interest by the Crown under the authority of the Governor in Council
for loss or expenditure incurred for which there is no legal liability on the
part of the Crown. (paiement à titre gracieux)
The "meds" issue matches against the "Distorted Content from the
Internet" and leads to "Damages suffered by the Battery" as FACS has
to come up with something to justify their "care plan"... then the CIC
will get sued if the Plaintiff gets "grounded" (for the 3rd time).
If an incident related to DND or the CF occurs which may result in a claim
by or against the Crown, the commanding officer (CO) whose personnel or
materiel are involved in the incident shall forward a report in accordance
with this DAOD to DCCL or the nearest regional JAG representative.
Note – The requirement to report under this DAOD does not take the place
of any other requirement under QR&O, other DAODs or CFAOs to report to
higher headquarters in the event of an incident.
Motor vehicle accidents shall be reported in accordance with the
procedures set out in A-LM-158-005/AG-001, Transportation Manual,
Mobile Support Equipment, Chapter 7, Volume 4, Annexes M and N, using
forms DND 423, Driver’s Report of Accident, and DND 424, MSE Accident
Report.
For incidents that might lead to claims by or against the Crown that involve
serious injury or death, including motor vehicle accidents, the CO shall
notify, within 48 hours:
z DCCL; and
z the Assistant Judge Advocate General (AJAG) of the region where
the incident occurred, including AJAG Europe if applicable.
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What to Report
This is covered in the CHAP
"Executive Summary" and
appears under "Singh" via the
AHE Report of 22 Mar '02.
The following information shall be included in the report of an incident:
z name and address of persons involved;
z date and time of incident; 25 Dec '01 for both sides of the story.

This is all covered in the CHAP, z precise location;

and noted under Singh, where the
words appear: "Despite his
z brief statement of damage and/or injury, and approximate damage
prayers, subligations and
humbleness, his personal failure estimate;
remains pre-determined and
guaranteed by design". z brief statement of particulars of incident;
That's the collision of the z police agency involved if any; and
"Consent Order" with the fact that
the Plaintiff can't actually satisfy
the Barrs' demands. z recommended mode of investigation, or if a board of inquiry (BOI) or
a summary investigation (SI) has already commenced for other
The RCMP have had this since 30 service-related reasons, a statement to that effect.
Dec '01, and the DND Military
Police since '04. The investigation was passed to Drs. Singh, Woods and Bland
as the "three traps" mention to Cpl. Popik on the "EPO Beaches".

Investigation of an Incident It's FACS' job to study the facts and report for tthe Crown.

Commencing Upon becoming aware of an incident which could lead to a claim, the officer
Investigation in command of a unit or other element shall contact DCCL or the regional
AJAG at the earliest opportunity to discuss whether an investigation is
required and what level of investigation is appropriate. Before the
investigation commences, the following shall be reviewed and provisions
incorporated as necessary in the terms of reference of the investigation:

z QR&O Chapter 21, Section 4, Claims By and Against the Crown;

z Policy on Claims and Ex gratia Payments, Treasury Board;

z CFAO 24-6, Investigation of Injuries or Death; and

z DAOD 7002 series.

Investigations for claims purposes may take place apart from any other
investigation required by regulations or orders made under the National
Defence Act.

Copy of Report If a BOI or SI is investigating an incident that may lead to a claim, the CO
to DCCL and Regional shall forward one copy of the investigation report to the regional AJAG and
AJAG one copy to DCCL.

Solicitor-Client Unless otherwise specified, investigations for claims purposes shall be

Privilege conducted in contemplation of litigation and therefore their contents are
protected by solicitor-client privilege. This shall be assured to the greatest
extent possible by including in the terms of reference of the BOI or SI the
following statement:

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"This investigation is being conducted for claims purposes in

contemplation of litigation and its contents are protected by solicitor-
client privilege."

Required All investigations of claims against the Crown should include, as

Information appropriate, copies of:

z any reports, including witness statements, made to the police or made

by the police in connection with the incident; and

z form DND 424, MSE Accident Report.

The following information is required in the assessment of a claim if it is not

included in the police report or form DND 424, MSE Accident Report:

z a full statement of the duties of any Crown servant involved;

z if Crown property is involved, detailed information relating to its use

and the authority for such use;

z names, addresses, phone numbers and statements from Crown

servants and other persons having any knowledge of the
circumstances;

z a description of the incident and such plans, sketches or photographs

as may be necessary to understand the exact nature of the incident;

z description of third party vehicles involved in a motor vehicle accident,

including:

{ licence number, province and year of licence;

{ make, model and year of vehicle;

{ name, address and permit number of drivers;

{ name, address and telephone number of vehicle owners;

{ brief description of damage; and

{ name of insurance company, policy number and agent if known;

z the nature and extent of any injuries reported;

z copies of any medical, dental or hospital bills;

z a medical certificate confirming that the claimant was unable to work

during the period in question and, if the claimant was employed at the time
of the incident, a statement from the claimant's employer detailing weekly
or daily rate of pay and the actual time lost; and

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z any further information and documents as may be required for a legal

opinion.

Damage to Property If a claim is for damage to property, the following information is required:

z invoices or receipts indicating the actual cost of repair or replacement

of the property, or estimates to support such a claim;

z the date of purchase of the property;

z original purchase price; and

z a statement indicating whether the property was insured and, if so,

the amount recovered.

General Damages A claim may be made against the Crown for pain and suffering or general
damages arising from permanent or partial disability. In such a case, DCCL
or the nearest regional AJAG may request, with the authorization of the
claimant, that a statement from a qualified medical practitioner be provided
to establish the particulars of the nature and extent of the disability. The
statement should be provided at the expense of the claimant.

A statement should also be obtained from the claimant or the claimant's

solicitor indicating the amount of the damages claimed.

Loss of Property If a claim is for the loss of use of property, the following information is
required:

z the nature of the claimant's use of the property;

z if the property was used to make a living, the average net gain per
day using the property;

z the number of days the claimant was denied the use of the property
and the reasons for the denial of use;

z if replacement property was hired, the cost of that rental or hiring

supported by receipts or vouchers; and

z if a vehicle was involved, the number of days during which the vehicle
was held in a garage undergoing repairs.

Underwriters The Governor in Council has granted authority to have incidents that may
Adjustment Bureau give rise to claims by or against the Crown in Canada investigated by the
Ltd Underwriters Adjustment Bureau Ltd (UAB).

Only DCCL may request the services of the UAB.

Resolution of a Claim

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Legal Opinion for a If a claim has been reported and investigated, DCCL or the regional AJAG,
Claim By or Against in accordance with the authorities prescribed in DAOD 7004-0, Claims By
the Crown or Against the Crown and Ex gratia Payments, shall provide a legal opinion
addressing:

z the liability, if any, of the Crown and any Crown servants, and that of
any individuals or corporations potentially subject to a claim by the
Crown;

z the steps, if any, that should be taken to resolve the claim, taking into
account the cost-effectiveness of any such steps; and

z the terms and conditions on which it would be advisable to resolve the

claim.

Approval or Denial of A decision is made to approve payment or deny the claim in accordance
Claim with the applicable criteria in the Policy on Claims and Ex gratia Payments.

Interim Payments In appropriate circumstances, as determined by DCCL, interim payments

may be made to a claimant pending the final resolution of a claim. This
should only be considered if the legal opinion clearly establishes Crown
liability.

Indemnification of Under the Policy on Indemnification of and Legal Assistance for Crown
Crown Servants Servants, Crown servants are indemnified against personal civil liability
incurred by reason of an act or omission. Provided the Crown servant has
met the criteria set out in the Policy, the Crown makes no claim against that
Crown servant who may be personally liable.

Pursuant to the designation made by the Deputy Minister, DCCL shall

determine if a Crown servant involved in an incident may be indemnified in
accordance with the Policy. All requests for indemnification of a Crown
servant shall be forwarded to DCCL.

Nothing above affects any obligation of a Crown servant in respect of the

care, custody or control of money, or the application of QR&O Chapter 38,
Liability for Public and Non-Public Property.

Claim against a Crown Following a determination that a claim against a Crown servant should
Servant – Demand for proceed, a demand for payment shall be made.
Payment
If the Crown servant fails to provide payment as demanded, a
determination shall be made if legal authority exists to permit the amount
claimed to be recovered from any money that may be due or payable by
the Crown to the Crown servant.

If legal authority exists, the applicable delegated authority shall:

z notify the Crown servant of the proposed recovery and of the Crown
servant's right to make representation; and

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z consider the Crown servant's representation, if any, before making a

final decision.

Applicable Delegated The applicable delegated authority for recovery from any money due or
Authority payable by the Crown to a DND employee is the Civilian Personnel Officer
(CPO). In the case of a CF member, the applicable delegated authority is
the Directorate Accounts Processing, Pay and Pensions (DAPPP).

Release by the Crown In accordance with DAOD 7004-0, Claims By or Against the Crown and Ex
gratia Payments, DCCL or the regional AJAG may sign a release as a
condition of payment being made to resolve a claim by the Crown.

Release by Claimant A release shall normally be obtained from a claimant in consideration of

payment being made to settle a liability claim. For ex gratia payments a
release is not normally required.

Recovery and Disciplinary Action

Recovery Action Recovery action may be taken against a CF member pursuant to QR&O
Chapter 38, Liability for Public and Non-Public Property.

Unit authorities shall consult DCCL or the nearest regional JAG

representative prior to any recovery action being taken under Chapter 38.

Disciplinary Action Proposed or ordered recovery action does not prejudice disciplinary action
against the Crown servant concerned.

Visiting Forces Act and NATO Claims

Interpretation The terms "civilian component", "receiving state" and "sending state" have
the same meaning in this DAOD as prescribed in Article I of the NATO
Status of Forces Agreement. The term "visiting force" has the same
meaning in this DAOD as prescribed in section 2 of the Visiting Forces Act.

Claims against Visiting Under Part III of the Visiting Forces Act, claims arising out of the activities
Forces in Canada of certain visiting forces in Canada are dealt with in the same way as claims
that result from activities of the CF in Canada.

Incidents which arise out of the activities of a visiting force, and which may
result in claims against the Crown, should be investigated by the authorities
of that visiting force and reported to the nearest CF unit and to DCCL. COs
of CF units shall provide such assistance as may be required.

Claims Involving Under the NATO Status of Forces Agreement, the receiving state deals
NATO Countries with claims against the sending state that result from activities of the

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outside of Canada sending state in the receiving state in the same way as the receiving state
deals with claims arising out of the activities of its own forces.

If a DND employee who is a member of the civilian component or a CF

member is involved in an incident in a receiving state which may give rise
to a claim against Canada as the sending state, the incident shall be
immediately reported to:

z AJAG Europe, Geilenkirchen, Germany for incidents that occur in

NATO countries other than Canada or the United States (US);

z DCCL for incidents in the US; and

z the supervisor of the DND employee or the CO of the CF member.

In the US the claim should be sent to the nearest US military installation.

All investigations by Canada of claims involving NATO countries shall be

reported and investigated as prescribed by this DAOD.

Special Cases
Per Quod Claims If a CF member is injured or killed due to the deliberate conduct or the
negligence of another person, the Crown may be able to recover medical
expenses, pay received by the member while disabled and burial expenses
where applicable from the responsible party. This is known as a "per quod
servitium amisit" claim. The Crown has such a claim even if the member is
injured or killed while not performing military duties.

Per quod claims are only permitted if the incident occurred in the province
of Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia, or
Newfoundland and Labrador.

If the Crown may have a per quod claim, the CO shall provide to DCCL or
the nearest regional JAG representative, as requested, the following:

z the monthly rate of pay and allowances of the CF member from the
date of injury to the date of return to duty, release or death, as
applicable;

z the inclusive dates of all periods spent by a CF member in hospital,

on sick leave or absent from duty, including half days off duty, that are
attributable to the injury;

z particulars of any medical or dental expenses incurred other than in a

hospital in treating the injured CF member; and

z receipts, forms and other documents detailing the expenses incurred

by the Crown in treating the injured CF member in a CF or civilian

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hospital.

Drivers of the The National Master Standing Offer (the "Offer") between the Crown and
Canadian Corps of the Corps of Commissionaires sets out the responsibilities of the parties
Commissionaires with respect to claims in the provision of Commissionaire services to the
Crown.

Under the Offer, the Corps is responsible to indemnify the Crown for third
party claims for damages, losses, costs and expenses relating to the injury
or death of any person, or to property, arising from the performance of
services supplied to the Crown.

Under the Offer, a Commissionaire may be required to operate a motor

vehicle owned by the Crown. In such instances, the Crown is responsible
for the damages if the Commissionaire:

z was granted authority to operate CF vehicles;

z used the motor vehicle for the purposes of performing the work;

z was a qualified driver;

z had a clear driving record;

z did not wilfully or deliberately damage the vehicle; and

z obtained written authorization from the client representative and did

not use the motor vehicle without justification.

A Commissionaire using a DND vehicle outside the requirements of the

Offer between the Corps and the Crown, such as making personal or other
use of the vehicle, shall be personally liable for all damages sustained
during any such unauthorized use.

Non-Public Property Incidents arising which involve non-public property (NPP) as defined in
Claims section 2 of the National Defence Act, and which may result in claims by or
against the Crown, shall be reported to:

z DCCL or the nearest regional JAG representative; and

z Non-Public Funds, Canadian Forces Personnel Support Agency

(CFPSA), National Defence Headquarters.

References
Source z Crown Liability and Proceedings Act
References z Financial Administration Act
z Visiting Forces Act
z NATO Status of Forces Agreement

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z Order in Council P.C. 1970-10/907, 19 May 1970

z Policy on Claims and Ex gratia Payments, Treasury Board of Canada
Secretariat
z Policy on Indemnification of and Legal Assistance for Crown
Servants, Treasury Board of Canada Secretariat
z National Defence Claims Regulations, 1970
z QR&O Chapter 21, Section 4, Claims By and Against the Crown
z DAOD 5018-2, Report of Injuries and Exposure to Toxic Substances
z DAOD 7004-0, Claims By or Against the Crown and Ex gratia
Payments
z Commissionaire Services, National Master Standing Offer,
Procedures and Rates
Related z Canadian Human Rights Act
References z QR&O Chapter 38, Liability for Public and Non-Public Property
z DAOD 7000-1, Affidavits and Statutory Declarations - Instructions
z DAOD 7002 series
z DAOD 7004-2, Compensation for Loss of or Damage to Personal
Property
z CFAO 24-6, Investigation of Injuries or Death
z A-LM-158-005/AG-001, Transportation Manual, Mobile Support
Equipment, Volume 4
z Form DND 423, Driver’s Report of Accident
z Form DND 424, MSE Accident Report

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