Assoc. des pêcheurs propriétaires des Îles-de-la-Madeleine v. Canada
T-107-92
Denault J.
16/6/93
4 pp.
Plaintiff's statement of claim on ground disclosed no reasonable cause of action -- Minister of Public Works accepted offer of mise en cause to purchase bait warehouse although plaintiff's bid awarded more points in first assessment made by assessment committee -- Plaintiff asked Court to declare null and void decision to award warehouse to mise en cause as well as contract concluded between Her Majesty and mise en cause -- In case of application to strike statement of claim under R. 419(1)(a), facts alleged presumed true and application can only be granted if clear case as argued so frivolous or groundless has no chance of success -- In so far as Minister of Public Works has disposed of surplus Crown assets in accordance with Surplus Crown Assets Act, s. 6(a) he is "federal board" as defined in Federal Court Act, and Court has jurisdiction to hear such a case -- As to argument regarding legality of contract, by himself laying down ground rules by decision to proceed by call for tenders, Minister had duty to follow those rules or face Court action -- Application dismissed -- Surplus Crown Assets Act, R.S.C., 1985, c. S-27, ss. 3, 6-Federal Court Act, R.S.C., 1985, c. F-7, s. 2 (as am. by S.C. 1990, c. 8, s. 1).