PRACTICE |
Judgments and Orders |
Stay of Execution |
Aussant v. Canada (Minister of Health and Welfare)
T-2442-98
2002 FCT 1308, Hugessen J.
18/12/02
4 pp.
Claim against Crown for alleged negligence in granting regulatory approval for breast implants--Action stayed by order of McKeown J. and present motion seeking to have stay lifted, to amend statement of claim and to stay three similar actions pending in three separate provincial superior courts-- Affidavit from plaintiff's solicitor only evidentiary support for motion--Affidavit clearly improper, not limited to simple matters of form; no good reason for granting leave for affidavit to be produced--Affidavit also omits to allege any facts supportive of plaintiff's critical contention to effect that provincial class actions mired or bogged down in procedural wrangles--Furthermore, strong indications that present action will necessarily be stayed under provisions of Federal Court Act, s. 50.1 by reason of Crown making third party claims against various manufacturers of breast implants, claims which would be beyond jurisdiction of Federal Court--Finally, Court refused to grant plaintiff's request that Court stay pending provincial actions--Court does not have power to do so because no doctrine of federal paramountcy in matter of jurisdiction of superior court--S. 50.1 makes plain Parliament's intent that Federal Court must not attempt to pre-empt provincial jurisdiction in cases such as this-- Motion dismissed--Federal Court Act, R.S.C., 1985, c. F-7, s. 50.1 (as enacted by S.C. 1990, c. 8, s. 16).