[2013] 1 F.C.R. D-7
Maritime Law
Federal Court jurisdiction—Motion pursuant to Federal Courts Rules, SOR/98-106, r. 221(1)(a) seeking order that all claims against defendant be struck for want of jurisdiction—Plaintiff seeking to recover costs from defendant for cleaning up oil pollution leaking from sunk vessel—Maritine Heritage Society of Vancouver registered, beneficial owner of vessel until Society dissolved in 2006—Assets of Society, including vessel, alleged to have passed to defendant by operation of Society Act of British Columbia, R.S.B.C. 1996, c. 433, s. 73—Plaintiff compensating Her Majesty the Queen in right of Canada (Canada) for oil pollution remediation costs, claiming subrogation to rights of Canada pursuant to Marine Liability Act, S.C. 2001, c. 6 (MLA), s. 106(3)(c) to recover those costs—Defendant submitting that Court not having statutory grant of in personam jurisdiction over B.C. Crown—Arguing, inter alia, that “Crown” within Federal Courts Act, R.S.C., 1985, c. F-7, s. 17(1) not including province; Federal Courts Act, s. 19 only conferring in personam jurisdiction on Federal Court if province passing legislation agreeing to such jurisdiction; Federal Courts Act, s. 22 not applying as defendant not “subject” of Canada—Whether plain, obvious that Court not having in personam jurisdiction over defendant on facts of case herein—Issue of provincial immunity from suit in Federal Court for matters arising from ownership or interest in vessel not settled—Toney v. Canada, 2012 FCA 167, wherein Federal Court of Appeal concluding not plain, obvious that Court not having personal jurisdiction over Alberta Crown, dispositive, binding—ITO—International Terminal Operators Ltd. v. Miida Electronics Inc. et al., [1986] 1 S.C.R. 752 three-part test applied herein to found jurisdiction—Provisions in MLA, coupled with Federal Courts Act, s. 22, appearing to confer onto Court personal jurisdiction over defendant on facts as alleged in statement of claim—At very least, not plain, obvious that Court not having personal jurisdiction over defendant—Finally, Court possessing subject-matter jurisdiction—Motion dismissed.
Canada (Administrator of the Ship-source Oil Pollution Fund) v. British Columbia (Finance) (T-761-11, 2012 FC 725, Lafrenière P., order dated October 1, 2012, 15 pp.)