# 2019-196 Pay and Benefits, Personal motor vehicle

Case summary

F&R Date: 2020-12-16

The grievor, a Canadian Ranger, challenged the denial of his compensation claim for damages to his personal trailer incurred on a military exercise. As redress, he requested financial compensation for the costs of the damage.

The Initial Authority denied redress on the grounds that the Crown is not liable for damage to a Canadian Armed Forces member's personal motor vehicle while the member is on “duty travel.”

The Committee carefully reviewed the circumstances in which the grievor sustained damage to his trailer and found that they did not meet the Canadian Forces Temporary Duty Travel Instructions definition of “duty travel” because he was not travelling to or from a temporary duty outside his regular place of duty when the damage occurred. Rather, he was returning from a military exercise in which his unit was participating.

Recognizing the unique circumstances of Canadian Rangers, who must use their personal equipment for operational purposes, the Committee found that the circumstances in which the grievor's trailer was damaged met the conditions for financial compensation of expenses arising from military service provided in the Compensation and Benefits Instructions for the Canadian Forces (CBI).

Accordingly, the Committee recommended that the Final Authority (FA) exercise his authority pursuant to the CBI to compensate the grievor for damage to his trailer. In the alternative, the Committee recommended that the grievor be compensated for the damage to his trailer pursuant to the “special circumstances” provisions of the CBI.

FA decision summary

The FA agreed with the Committee that the grievor was eligible for compensation pursuant to CBI 210 and adopted the Committee's recommendation to direct that the grievor be compensated under CBI 210.03(3).