PRACTICE |
Polchies v. Canada
T-713-03
2003 FC 961, Tabib P.
8/8/03
12 pp.
Simplified action--Whether plaintiffs' action, seeking special damages in amount of less than $50,000, punitive damages in unspecified amount, should proceed as simplified action--Action arising out of land settlement agreement pursuant to which each member of Oromocto Indian Band, including plaintiffs, would receive per capita distribution of $11,650--Statement of claim alleging as of 2003, plaintiffs have not received any of share of distribution--Plaintiffs claiming special damages in amount of $11,650 each, for total of $34,950, plus interest, costs--Statement of claim further claiming punitive damages in unspecified amount--Whether Federal Court Rules, 1998, r. 292(a) ultra vires--Subordinate legislation, such as Rules, cannot conflict with provisions of statute--R. 292 and following not creating "wholly new type of action"--Rules as to simplified actions comprised in Part 4 of Federal Court Rules, 1998--Save where specifically modified to respond to particular imperatives of accommo-dating small claims, simplified actions governed by provisions of Part 4, applicable to all actions--Neither in Federal Court Act nor at common law exists "fundamental right" to documentary discovery by way of exchange of affidavit of documents--Act, s. 46(2) empowers rules committee to make "rules providing for the discovery and production, and supplying of copies of documents by the Crown in a proceeding to which the Crown is a party"--As principles of statutory interpretation demand that legislation capable of two interpretations be construed in manner that would make them valid, rather than ultra vires, any difficulty in interpreting Tariff A easily resolved so that fee payable upon issuance of statement of claim under Federal Court Act, s. 48 be applicable, whether action governed by general rules or by simplified action rules--R. 292(a) mandating simplified rules of proceeding in actions in which only monetary relief is claimed, where each claim not exceeding amount set at $50,000, exclusive of interest, costs--Rules designed to ease, for Court, parties, burden in time, expense of full-fledged discoveries, of potentially numerous appearances on motions where amounts at stake would not justify burden--In absence of clear indication in statement of claim claim for monetary relief exceeds $50,000, must be deemed it does not--Issues, although not fully defined by statement of defence, appear to be fairly contained, well identified--Plaintiffs not arguing issues present complexity which would make it inappropriate for it to proceed as simplified action--Factors to be balanced in application of r. 292(d) complexity of action, margin by which claim for monetary relief exceeds $50,000 threshold-- Likelihood plaintiffs' claim in capital would exceed $50,000 not remote possibility--Plaintiffs' apprehension of prejudice arising from lack of documentary discovery by way of affidavit of documents unfounded--Resulting action to be conducted as simplified action--Federal Court Rules, 1998, SOR/98-106, r. 292--Federal Court Act, R.S.C., 1985, c. F-7, ss. 46 (as am. S.C. 1990, c. 8, s. 14; 1992, c. 1, s. 68; 2002, c. 8, s. 44), 48 (as am. by S.C. 2002, c. 8, s. 45).