FEDERAL COURT JURISDICTION |
Trial Division |
Halterm Ltd. v. Halifax Port Authority
T-2131-99
O'Keefe J.
16/6/00
17 pp.
Motion by respondent Halifax Port Authority (HPA) for order dismissing application for judicial review on ground Court without jurisdiction to hear application as HPA not "federal board, commission or other tribunal"; HPA's letter dated 9/11/99 not decision; application out of time--Applicant container port terminal operator at port of Halifax--Renegotiation of lease--In HPA's 9/11/99 letter, proposed land rental increase reduced from 900% to 700%--Applicant sought judicial review of "decision", but now seeking leave to amend originating notice of motion requesting declaration HPA had failed to meet statutory and common law obligations in attempting to obtain lease payments in respect of lease renewal which are unjust, unreasonable and constitute unjust discrimination under Canada Marine Act, and accompanying mandamus--Leave to amend granted--When HPA leasing or negotiating to lease federal real property to Halterm, HPA not exercising private powers of corporation within meaning of Cairns v. Farm Credit Corp., [1992] 2 F.C. 115 (T.D.), but exercising powers given to it pursuant to Canada Marine Act, thus "federal board, commission or other tribunal" within Federal Court Act--Therefore, jurisdiction in Court to hear Halterm's judicial review application--However, HPA's 9/11/99 letter not decision within meaning of Federal Court Act--No final conclusion reached therein as parties still making proposals--Hence, not decision for which any of relief available under Act, s. 18.1 may be given--However, in light of Krause v. Canada, [1999] 2 F.C. 476 (C.A.), this only ends application as far as review of particular decision or order involved--Judicial review of course of conduct under basis it is "matter" within Act, s. 18.1 may still be basis for relief--Relief requested in paragraphs 1 and 2 of application for judicial review struck as based on "decision" but rest, not based on "decision" remain--Application for judicial review not filed out of time--Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).