302 EXCHEQUER COURT REPORTS. [VOL. XIX. ,IU 1 ? s , IN THE EXCHEQUER COURT OF CANADA. November 27. IN THE MATTER OF THE GRAND TRUNK PACIFIC RAILWAY CO. AND THE HONOURABLE JOHN DOWSLEY REID, OF THE CITY OF OTTAWA, IN THE PROVINCE OF ON-TARIO, RECEIVER, DULY APPOINTED TO SAID RAILWAY COMPANY. AND THE UNITED STATES STEEL PRODUCTS COMPANY, PETITIONERS. War Measures Act—Exchequer Court Act, section 26—Jurisdiction— Receiver—Permission to sue. HEld, that the Receiver herein having been appointed by an Order-in-Council, under the authority of the War Measures Act, 1914, confirmed by 9-10 Geo. V. ch. 22, and not under the provisions of the Exchequer Court Act sections 26 and following, is not an officer of the Court, and, therefore, the Court has no jurisdiction to entertain an application by a creditor for permission to sue such Receiver and Company. T HIS is .anw application for the permission to sue the Receiver appointed to the Grand Trunk Pacific Railway Co. by an Order-in-Council under the War Meàsures Act.' The application was made, in Chambers, before Mr. Justice Audette, on the 26th day November, 1919. Mr. M. G. Powell for petitioners. The facts are set forth in the reasons for judgment of the Honourable Mr. Justice Audette, which follow:
VOL. XIX.] • EXCHEQUER COURT REPORTS. AUDETTE; J., in Chambers (November 27th, 1919) deliveredud ment. J g This is an application on behalf of the. United UNITED STATES States Steel Products Company praying that it may •PRO Û:' co. be authorized, l~ e rmitted and tute and carry on before the proper tribunal an • action against the Grand Trunk Pacific Railway Company and the Honourable John Dowsléy Reid in his quality of Receiver thereto, 'or either .or both of them, as may be necessary, to recover the sum of $9,297.00 with interest and costs. Notice of this petition or application was duly served upon• the solicitor of the Grand Trunk Pacific Railway and the Receiver, but no one ap- peared on their behalf on the hearing of the same. • The appointment of the Receiver in this case was not one made by the Court under the provisions of sections 26 and following of the Act whereby the Receiver becomes an officer of the Court. The Receiver was appointed by an Order-in- Council under the authority of the • A ct, 1914, confirmed by 9 & 10 Geo. V., ch. 22. I fail to see that, under the circumstances, I have • a ny jurisdiction to entertain: the application and my order will be: That the Petitioner take nothing by his application. Judgment accordingly. Solicitors for petitioner :. Alexander & Elder. 303 GRAND TRUNK . . PACIFIC RAIL- WAY CO. empowered to insti- Rea J s u o dg n m s e n i t r . Exchequer Court . War Measures Davidson, Wainwright '
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