[2013] 3 F.C.R. D-3
Federal Court Jurisdiction
Order seeking determination as to whether Federal Court having in personam jurisdiction over Province of Alberta in relation to action by plaintiffs arising out of drowning of child following rescue operation by rescue vessel—Plaintiffs alleging, inter alia, that Alberta failing to assess whether rescue vessel appropriate, safe—Alberta asserting from outset that Federal Court not having jurisdiction over it—Federal Court striking out in rem action against rescue vessel, maintaining in personam action against Alberta—Federal Court of Appeal finding not plain, obvious that Federal Court not having jurisdiction over Alberta—Alberta claiming immunity pursuant to Interpretation Act, R.S.A. 2000, c. I-8, s. 14—Submitting, inter alia, that specific jurisdiction must be found in order for Federal Court to have jurisdiction, that Federal Courts Act, R.S.C., 1985, c. F-7 (Act), s. 22 only conferring subject-matter jurisdiction to Federal Court, making no explicit reference to any Crown—Federal Court having in personam jurisdiction over Alberta herein—Interpretation Act, s. 14 having to be read in conjunction with Marine Liability Act, S.C. 2001, c. 6 (MLA), s. 3—Concurrent original jurisdiction conferred on Federal Court by Act, s. 22(1) not limited to maritime law actions between subject, subject—S. 22(1) specifically conferring concurrent original jurisdiction on Federal Court in all cases in which claim for relief made or remedy in maritime law actions “between subject and subject as well as otherwise”—Nothing in Act, s. 43 precluding exercise of Federal Court’s in personam jurisdiction against province—Wording of Act, s. 43(7)(b) supporting interpretation of Act, s. 22(1) that concurrent original jurisdiction conferred on Federal Court by Act, s. 22 encompassing claims against vessels owned by provincial Crown defendants—Federal Court’s maritime law jurisdiction over provinces further confirmed when regard had to MLA, s. 79(3)(b)—Federal Court having exclusive in personam jurisdiction over provincial Crowns in relation to maritime claims in cases where limitation fund constituted, in accordance with MLA, s. 32—No sense for jurisdiction of Federal Court over provincial Crown for damages resulting from marine accident to depend upon size of claim—Conclusion on jurisdictional question further confirmed when regard had to Proceedings Against the Crown Act, R.S.A. 1980, c. P-18, ss. 4, 8, 22—Court having in personam jurisdiction over Alberta in this matter.
Toney v. Canada (T-1577-11, 2012 FC 1412, Mactavish J., order dated December 3, 2012, 18 pp.)