# 2015-254 - Claims Against the Crown

Case Summary

F&R Date: 2015–12–07

While on pre-deployment leave, the grievor was authorized to retain his room in the military barracks and therefore left his personal belongings there. During his absence, CAF authorities advised the cleaning staff to remove all of the grievor's belongings from his room. Upon return from leave, the grievor was unable to locate most of his belongings and therefore submitted a claim against the crown for reimbursement for the cost of the missing items.

The Director General Compensation and Benefits, acting as the Initial Authority, determined that in accordance with Defence Administrative Orders and Directives (DAOD) 7004-2, the grievor was not entitled to compensation because his belongings were covered by private insurance and he was ineligible to request compensation from the Crown for the same.

The Committee found that the grievor had suffered a loss for which the CAF was directly and entirely responsible. Finding that the grievor's circumstances clearly met the eight criteria listed in Compensation and Benefits Instruction 210.01(5) to be eligible for compensation, the Committee recommended that the CDS approve the grievor's claim for reimbursement.

CDS Decision Summary

CDS Decision Date: 2016–05–26

The FA agreed with the Committee's finding that the grievor is entitled to compensation for the loss of his personal property. Therefore, the FA agreed with the Committee's recommendation that, pursuant to CBI 210.03(3), that the grievor's claim in the amount of $600 be reimbursed.