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Practice |
Aviation Roger Forgues Inc. v. Canada (Attorney General)
T-1245-00
2001 FCT 196, Morneau P.
16/3/01
14 pp.
Motion to strike out statement of claim in entirety as disclosing no valid cause of action--Plaintiffs, operating float plane business, alleging that in context of contractual relationship, defendants encouraged, protected and promoted growth and development of plaintiffs' aerial sightseeing business (providing sightseeing tours of Quebec City by float plane originating from Lac Saint-Augustin)--Enactment of Canadian Aviation Regulations (CAR), s. 105.01 prohibiting all aerial sightseeing flights to and from Lac Saint-Augustin, ended these sightseeing flights, which accounted for about 95% of all plaintiffs' activities, sales--Claiming compensation of $3,376,765 based on contractual and extracontractual liability, disguised expropriation without compensation and breach of Canadian Bill of Rights and Canadian Charter of Rights and Freedoms--(1) Since facts herein in no way engage Canadian Bill of Rights, s. 1(b) and Charter, s. 15, those parts of statement of claim containing allegations pertaining thereto struck out--(2) However, not obvious that cause of action based on disguised expropriation not valid--Plausible to argue that plaintiffs have been dispossessed of their business and their clientele by effect of CAR, s. 105.01, and that there was appropriation of clientele by Jean Lesage Airport or by some wheeled aircraft operators--(3) In regard to contractual and extracontractual liability, clear that no one has cause of action against government or Crown based upon passing of valid statute or regulation depriving plaintiff of benefit had previously--Doctrine of legitimate expectations not applying to body exercising purely legislative functions including purely ministerial decision based on ground of public policy--Moreover, establishment of regulations by Governor in Council act of federal board, commission or other tribunal subject to judicial review--Motion to strike out therefore allowed in part and statement of claim ordered amended in accordance with foregoing--Canadian Aviation Regulations, SOR/96-433, s. 105.01 (enacted by SOR/98-20)--Canadian Bill of Rights, S.C. 1960, c. 44 [R.S.C., 1985, Appendix III], s. 1(b)--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15.