Martinoff v. Mathias
T-2086-94
Hargrave P.
18/11/94
7 pp.
Applicant seeking renewal of Firearms and Ammunition Business Permit to import and deal in restricted and non-restricted firearms and ammunition-Motion by respondent to strike out applicant's proceedings as respondent not "federal board, commission or other tribunal" under Federal Court Act, s. 2 -- Issue, that of jurisdiction of Federal Court over provincial appointee, narrow one -- Request by applicant for oral hearing in lieu of motion dealt with in writing denied-Respondent, Chief Provincial Firearms Officer for British Columbia, refusing to renew or issue new Firearms and Ammunition Business Permit on expiry of applicant's permit -- Trial Division having exclusive jurisdiction to provide mandatory, declaratory relief against federal board, commission or other tribunal under Federal Court Act, s. 18 -- Respondent's employment derived from Crown in right of province -- Outside jurisdiction of Court as falling within s. 2 exclusion of "any . . . person . . . appointed under or in accordance with law of province" -- Criminal Code, s. 112(8) to (13) providing specific procedure by which permit applicant, aggrieved by refusal of persons to issue permit, may obtain relief in provincial court system -- Applicant's originating notice of motion struck out as no jurisdiction in Court -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 2 (federal board, commission or other tribunal) (as am. by S.C. 1990, c. 8, s. 1), 18 (as am. idem, s. 4) -- Criminal Code, R.S.C., 1985, c. C-46, s. 112.