Robinson v. Canada
T-1494-93
Richard J.
27/9/96
7 pp.
Appeal from Prothonotary's order striking out statement of claim on ground Court without jurisdiction to adjudicate claims made against defendants personally-Plaintiff federal penitentiary inmate-Individual defendants all officers, employees, servants and agents of Crown-Prothonotary finding on issue of jurisdiction, must be statutory grant of jurisdiction by federal Parliament, must be existing body of federal law essential to disposition of case nourishing statutory grant and law on which case based must be "law of Canada"-Finding no body of federal law essential to disposition of case and nourishing statutory grant-Case cannot be founded on Charter alone and other causes of action asserted against defendants relating to provincial law of torts-Torts asserted not depending for existence on federal law-Penitentiary Service Regulations not providing detailed statutory framework under which plaintiff acquiring rights-No error of law committed-Appeal dismissed-Penitentiary Service Regulations, C.R.C., c. 1251.