Armeco Construction Ltd. v. Canada
T-1341-89
Denault J.
24/3/95
9 pp.
Joint application for determination of question of law under R. 474 -- Whether F.C.T.D. has jurisdiction to assess amounts for which plaintiff liable to subcontractors regarding labour, plant and materials supplied to Victoria Airport construction project -- Contract entered into between plaintiff and Transport Canada whereby plaintiff agreed to supply labour, plant, materials for project to construct, modify and expand Victoria International Airport, B.C. -- None of subcontractors signatories to contract though partly executed by them -- Action for damages commenced by plaintiff -- Actions commenced by subcontractors against plaintiff in B.C.S.C. to enforce claims for loss or damage caused by certain of claim matters -- Plaintiff, defendant failing to agree as to cost of labour, plant, materials, including amounts expended or legally payable to subcontractors -- Subcontractors cannot claim damages against owner in absence of privity between them -- Main contractor cannot claim, against owner, damages on behalf of subcontractors-Federal Court's jurisdiction exceptional, statutory, limited to exercise of powers afforded by statute -- Only parties to contract with Crown able to claim compensation in Federal Court -- Possible connection of subcontractors' claims with issues in plaintiff's claim against Transport Canada insufficient to found jurisdiction in Court -- Clause GC50.1 of contract speaking of amounts "legally payable" to subcontractors -- Provincial court, not Federal Court, has jurisdiction to determine contract dispute between "subject and subject" such as between plaintiff and subcontractors -- Court cannot adjudicate upon matter for which it has no jurisdiction-Evaluation of rights and obligations of parties to subcontract not within Court's jurisdiction -- Court's jurisdiction cannot be extended beyond statutory limits -- Question answered negatively-Federal Court Rules, C.R.C., c. 663, R. 474.