Westerlee Development Ltd. v. Canada
T-1317-95
Hargrave P.
28/6/96
15 pp.
Motion questioning Court's jurisdiction over lessee, operator of Vancouver International Airport-Lease of land at airport by Federal Crown to plaintiff Westerlee Development Ltd. (Westerlee Lease)-Crown, as registered owner of land at Vancouver International Airport, leasing airport to Vancouver International Airport Authority-Westerlee Lease assigned to Airport Authority-Latter seeking declaration Court has no jurisdiction over it-Appropriate framework within which to test jurisdiction under Federal Court Act, s. 17(2)(a), (b) set out in ITO-International Terminal Operators Ltd. v. Miida Electronics Inc. et al., [1986] 1 S.C.R. 752-Airport Authority not Crown within context of s. 17(2)(a), (b)-Court's jurisdiction must be tested as to each defendant standing alone-Requirements essential to support finding of jurisdiction in Federal Court not met-Whether jurisdiction found in Federal Court Act, s. 23(b) as claim relating to aeronautics-Claim not founded on Aeronautics Act as latter not touching on contractual remedies or torts such as inducing breach of contract-Present matter, dispute in which damages sought for inducing breach of contract or for failure, as agent, to act in accordance with rules of natural justice, to be dealt with in B.C. Supreme Court system-Aeronautics Act, Canada Corporations Act under which Airport Authority constituted, no basis for present claim involving lease of land, party other than Crown-Plaintiff unable to satisfy relevant tests set out in Quebec North Shore Paper Co. v. Canadian Pacific Ltd., [1977] 2 S.C.R. 1054 and Bensol Customs Brokers Ltd. v. Air Canada, [1979] 2 F.C. 575 (C.A.)-Action against Airport Authority not coming within Federal Court Act, ss. 17, 23-Federal Court having no jurisdiction over Vancouver International Airport Authority-Motion granted-Federal Court Act, R.S.C., 1985, c. F-7, ss. 17(2)(a) (as enacted by S.C. 1990, c. 8, s. 3), (b) (as enacted idem), 23-Aeronautics Act, R.S.C., 1985, c. A-2-Canada Business Corporations Act, R.S.C., 1985, c. C-44.