MIL Davie Inc. v. Hibernia Management and Development Co.
T-668-96
Lutfy J.
21/3/97
4 pp.
Motion to stay action for lack of jurisdiction of Court-Action in damages of $17,468,000 as result of defendant's decision to replace party having originally won tender process for manufacturing of certain topside modules concerning Hibernia oilfield project and to award completion thereof to St. John Shipbuilding Ltd. (SJSL)-Plaintiff alleging decision made without seeking tenders, in bad faith and with malice-Plaintiff relying on Competition Act, ss. 36(1), (3), 45(1) and Canada-Newfoundland Atlantic Accord Implementation Act, s. 45(1), (3)-Motion allowed-Statement of claim falling far short of clearly alleging factual basis for kind of anti-competitive conduct contemplated by Act, s. 45-Statement of claim disclosing no reasonable cause of action in relation to Act, s. 45, sole statutory grant of jurisdiction upon which plaintiff relying-Difficult to envisage, even assuming bad faith and malice, decision to award completion of contract to SJSL instead of to plaintiff could have lessened, unduly, competition in manufacture of topside modules-Even harder to imagine how defendant, purchaser of product and not one of competitors, could have conspired to lessen competition in regard thereto-Competition Act, R.S.C., 1985, c. C-34, ss. 36 (as am. by R.S.C., 1985 (4th Supp.), c. 1, s. 11), 45(1) (as am. by R.S.C., 1985 (2nd Supp.), c. 19, s. 30)-CanadaNewfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3, s. 45 (as am. by S.C. 1992, c. 35, s. 47).