timeline to implement changes, creates unacceptable risks
for Correctional Service of Canada personnel and inmates
(Schachter v. Canada,  2 S.C.R. 679,  S.C.J. No. 68,
at 719 S.C.R.).
 I am also satisfied that the constitutional challenge
posed by this application essentially involves the court and Parliament in a conversation about the constitutional appropriateness of ss. 31-37 of the Corrections and Conditional Release Act.
In my view, it is unrealistic to expect Parliament to respond
within six months.
 Accordingly, this declaration of invalidity is suspended
for 12 months, during which time ss. 31-37 of the Corrections
and Conditional Release Act will remain in force.
 Generally, the applicant seeks no costs and requests that
no costs be awarded against it. However, in its reply factum
the applicant asks for its costs if the court concludes that the
changes implemented by the Correctional Service of Canada
since the commencement of this application address the constitutional issues raised in this application. I did not come to this
conclusion so there will be no order for costs.
Beccarea v. Canadian National Railway Company
[Indexed as: Beccarea v. Canadian National Railway Co.]
2018 ONSC 630
Superior Court of Justice, Grace J. January 25, 2018
Limitations — Rolling limitation period — Defendant denying plaintiff’s request for survivor’s benefits in 2003 on basis that she was not
entitled to those benefits as she and pensioner were divorced in 1993
and she was not his “widow” at time of his death — Plaintiff commencing action for unpaid survivor’s benefits in 2012 — Action statute-barred
— Fresh cause of action not accruing each month payment was not
made — Limitation period starting to run when defendant clearly and
unequivocally denied that plaintiff was entitled to survivor’s benefits.
Pensions — Survivor’s benefits — Pensioner in receipt of pension
from his retirement in 1980 until his death in 2003 — Plaintiff and pensioner divorcing in 1993 — Pension Plan Rules providing for payment of
survivor’s benefits to pensioner’s widow “on death of pensioner” —
Defendant denying plaintiff’s request for survivor’s benefits in 2003
because plaintiff was not pensioner’s “widow” — Plaintiff’s entitlement