Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41712
Robert Marcus Hirschfield v. His Majesty the King
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-01-30 | Close file on Leave | |
| 2026-01-19 |
Correspondence (sent by the Court) to, all parties, re: cover letter and certificate of taxation |
|
| 2026-01-19 | Certificate of taxation issued to, Mara Tessier | |
| 2026-01-19 |
Decision on the bill of costs, in the amount of: $1,269.99 , in the amount of $1,269.99, Reg |
|
| 2026-01-19 | Submission of the bill of costs, Reg | |
| 2025-12-18 | Bill of costs, UNDER REVIEW, Completed on: 2026-01-19 | His Majesty the King |
| 2025-09-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-09-18 | Judgment on leave sent to the parties | |
| 2025-09-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-182-23, 2025 FCA 17, dated January 22, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2025-08-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-02 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-05-02, (Printed version filed on 2025-05-05) | Robert Marcus Hirschfield |
| 2025-04-22 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-04-24) | His Majesty the King |
| 2025-04-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-04-22, (Printed version filed on 2025-04-24) | His Majesty the King |
| 2025-03-20 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-03-18 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-03-19) | Robert Marcus Hirschfield |
| 2025-03-18 | Application for leave to appeal, (Book Form), Amended Copy (Rec'd 2025-03-19), Completed on: 2025-03-18, (Printed version filed on 2025-03-19) | Robert Marcus Hirschfield |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Hirschfield, Robert Marcus | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Hirschfield, Robert Marcus
Counsel
William S. Dick, K.C.
Janelle O'Connor
Donnaree Nygard
650 West Georgia Street, #2020
Vancouver, British Columbia
V6B 4N7
Telephone: (604) 683-9621
Email: bespflug@murphybattista.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: His Majesty the King
Counsel
Sarah Pearson
Marshall Jeske
National Litigation Sector, BC Regional Office
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 351-6961
FAX: (604) 775-7557
Email: Mara.Tessier@justice.gc.ca
Agent
National Litigation Sector
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 295-0765
FAX: (613) 954-1920
Email: SCCAgentCorrespondantCSC@justice.gc.ca
Summary
Keywords
Civil Procedure — Class actions — Certification — Whether plaintiffs are precluded from accessing justice by way of a class proceeding when the government operates an administrative appeal scheme in a manner that immunizes itself from judicial review
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Hirschfield, an RCMP constable, was seriously injured in a car accident while on duty. He was granted a disability pension and then settled a civil claim for damages. Veterans Affairs Canada, the administrator of the pension, offset the damages awarded in the civil claim against pension benefits. Mr. Hirschfield commenced an action pleading that Veterans Affairs Canada wrongfully offsets pecuniary damages against pension benefits and raising systemic negligence, breach of fiduciary duty and unjust enrichment. He applied to certify a class proceeding. Manson J. certified the action as a class proceeding. The Federal Court of Appeal allowed an appeal and dismissed the motion for certification.
Lower court rulings
Action certified as a class proceeding
Mr. Hirschfield, an RCMP constable, was seriously injured in a car accident while on duty. He was granted a disability pension and then settled a civil claim for damages. Veterans Affairs Canada, the administrator of the pension, offset the damages awarded in the civil claim against pension benefits. Mr. Hirschfield commenced an action pleading that Veterans Affairs Canada wrongfully offsets pecuniary damages against pension benefits and raising systemic negligence, breach of fiduciary duty and unjust enrichment. He applied to certify a class proceeding. Manson J. certified the action as a class proceeding. The Federal Court of Appeal allowed an appeal and dismissed the motion for certification.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available