CROWN |
Contracts |
Aviation Portneuf Ltd. v. Canada (Attorney General)
T-1239-00
2001 FCT 1299, Blais J.
28/11/01
15 pp.
Delictual liability--Motion by applicants appealing part of order of Morneau P. on ground paragraphs in statement of claim seeking relief against respondents in contractual and extra-contractual liability should not be struck out--Applicants operated floatplane passenger transportation business in Quebec--Until January 23, 1997, respondents encouraged, protected, and promoted expansion and development of aerial sightseeing business--On January 1, 1998, Canadian Aviation Regulations, s. 105.01 made under Aeronautics Act came into effect, eliminating aerial sightseeing flights, to or from Lac Saint-Augustin completely and applicants' entire aerial sightseeing flight business--On July 14, 2000, applicants served and filed statement of claim seeking relief against respondents in contractual and extra-contractual liability--Respondents sought to strike out applicants'statement of claim on ground it disclosed no reasonable cause of action--Whether Prothonotary erred by allowing respondents' motion to strike in part and striking out paragraphs of statement of claim relating to respondents' contractual and extra-contractual liability--In Canada v. Aqua-Gem Investment Ltd., [1993] 2 F.C. 425, Federal Court of Appeal held discretionary orders made by prothonotaries will be set aside only if clearly wrong in law--R. 221 allowing Prothonotary to strike out in whole or in part any cause of action he regards as having no basis in law--No contractual relationship between parties--Respondents merely fulfilled one of their governmental duties: to legislate-- Fulfilling ex officio federal duty not constituting breach-- Prothonotary right to strike out paragraphs relating to contractual liability given no contractual relationship between parties--Doctrine of legitimate expectation not applying to legislative function--Crown Liability and Proceedings Act, s. 3 making Crown liable in respect of torts committed by servant of Crown--Neither Governor in Council nor Minister of Transport "servants" of Crown within meaning of Act--Act not applying herein as not only do respondents not meet definition of word "servant" but also now established merely making regulation will not result in delictual liability--Prothonotary correct in striking out paragraphs of statement of claim regarding extra-contractual liability-- Extra-contractual liability disclosed no reasonable cause of action herein--Prothonotary's order valid under principles established in Aqua-Gem Investments--Motion dismissed-- Canadian Aviation Regulations, SOR/96-433, s. 105.01 (as am. by SOR/98-20, s. 1)--Aeronautics Act, R.S.C., 1985, c. A-2--Federal Court Rules, 1998, SOR/98-106, r. 221-- Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 3.