# 2014-191 - Claims Against the Crown
F&R Date: 2015–09–15
The grievor was serving at sea when his personal cell phone was damaged by grey water leaking into his bunk where the phone was charging. His request for compensation was reviewed by the Base Assistant Judge Advocate General (AJAG), who referred the claim to the Director Compensation and Benefits Administration (DCBA). DCBA denied the claim, explaining that the grievor could not be compensated under Compensation and Benefits Instruction (CBI) 210.01(3), because the damaged article had to “be necessary for the performance of duties as specifically listed in orders or instructions issued by the CDS, or if not listed, as determined by the CDS...”
There was no Initial Authority (IA) decision on the file.
The Committee asked the AJAG why the Defence Administrative Orders and Directives (DAOD) 7004-2 [Compensation for Loss or Damage to Personal Property] could not be used to compensate the grievor. They were informed that DAOD 7004-2 is only used to compensate CAF members when the loss is not directly related to CAF members' military duties and when liability can be established.
The Committee then discussed the issue with DCBA staff who, upon reviewing the file, determined that the Ministerial Authority found under CBI 210.05 could be used to compensate the grievor for the damage to his cell phone. Since the redress sought had been provided, the Committee recommended that the CDS close the grievance file.
CDS Decision Summary
CDS Decision Date: 2015–10–05
Case withdrawn at Final Authority level.
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