Pfrimmer v. Canada ( Arbitrator under Western Grain Transition Payments Act )
T-1049-96
Rothstein J.
12/11/96
7 pp.
Application for judicial review of decision of arbitrator applicant not lessee of farm land and not entitled to share in transition payment under Western Grain Transition Payments Act (WGTPA)-Preliminary jurisdictional question-Whether arbitrator federal board, commission or other tribunal as defined in Federal Court Act, s. 2 and whether Federal Court without jurisdiction to decide application-Regulations enacted under WGTPA providing for arbitration, arbitrator authorized to make binding decision setting out terms of equitable apportionment of transitional payment between owner and lessee-Issue whether, in deciding applicant not lessee within meaning of Regulations, arbitrator acting as federal board, commission or other tribunal-Application of ITO-International Terminal Operators Ltd. v. Miida Electronics Inc. et al., [1986] 1 S.C.R. 752: must be statutory grant of jurisdiction by federal Parliament, must be existing body of federal law essential to disposition of case and which nourishes statutory grant of jurisdiction, and law on which case based must be law of Canada-When arbitrator decided applicant not lessee, not acting as federal board and not exercising jurisdiction conferred under Act of Parliament-Fundamental threshold question or condition precedent to exercise of arbitrator's jurisdiction under Act-Regulations conferring jurisdiction to set terms of equitable arrangement but not to decide whether applicant lessee-Jurisdiction cannot be conferred on Federal Court by consent-Federal Court therefore without jurisdiction to consider judicial review application-Application dismissed-Western Grain Transition Payments Act, S.C. 1995, c. 17, Sch. II-Western Grain Transition Payments Regulations, SOR/95-314-Federal Court Act, R.S.C., 1985, c. F-7, ss. 2 (as am. by S.C. 1990, c. 8, s. 1), 18.1 (as enacted idem, s. 5).