Sauvageau v. Laurentian Pilotage Authority
A-977-90
Pratte J.A.
18/12/92
8 pp.
Appeal from Trial Division judgment (T-2217-90, Dubé J., order dated 5/11/90, F.C.T.D., not reported) striking out several paragraphs of appellant's statement of claim on ground Court did not have power to grant them -- Latter sought pilot's certificate allowing him to pilot ship between Havre St-Pierre and Sorel without having recourse to services of member of Corporation des pilotes du Bas Saint-Laurent -- Passed written examination for pilotage certificate but failed oral examination twice -- Appellant filed complaint and respondent ordered hearing under Pilotage Act, s. 28 -- However, rejected recommendations of hearing report -- Striking out of paragraphs G and H of appellant's statement of claim seemed valid -- Court cannot usurp exercise by respondent of its regulatory power -- First part of paragraph E to be struck out since nothing in statement of claim to indicate appellant entitled to certificate -- As to paragraph D, decision of Authority dismissing complaint by candidate who failed examination administrative decision not reviewable by Court of Appeal under old Federal Court Act, s. 28 except to extent decision was "required by law to be made on a judicial or quasi-judicial basis" by Pilotage Act, s. 28 -- Only decisions to which provision applies are those denying licence or certificate -- Respondent's decision which appellant sought to challenge did not expressly refuse to grant him certificate -- It only rejected his complaint and ruled oral examination he failed valid -- Paragraph D should not have been struck out -- Same true of paragraph C -- Appeal allowed in part -- Pilotage Act, R.S.C., 1985, c. P-14, ss. 17, 28.