TRANSPORTATION |
Nickerson v. Canada (Minister of Transport)
T-1675-99
Dubé J.
17/12/99
6 pp.
Motion to return custody of vehicle detained by inspector for Transport Canada under Motor Vehicle Safety Act, s. 15(4)--Applicant arrived at Canadian customs office in July 1999 seeking to import from United States vehicle originally manufactured in Canada but converted in United States into limousine seating 12 passengers--Following inspection on December 2, 1999, vehicle determined to be unsafe, seized--Minister of Transport submitting Court ought to decline jurisdiction to order return of detained vehicle as application for return of thing seized under Act, s. 15(4) makes detention subject to Criminal Code-- Applicant "consignee" of imported vehicle in question under s. 15(1)(a)--Purpose of Act to subject imported vehicles to safety compliance requirements--Relevant sections of Criminal Code comprehensive code governing return of seized goods--Not permissive in nature--R. 377 not intended as alternative remedy to Criminal Code provisions--Federal Court Rules not intended to grant to Court jurisdiction over matters that legislature has expressly granted to other courts--Court declining jurisdiction herein--Owner of vehicle has not showed irreparable harm--Balance of convenience not favouring him-- Damages purely economic, fully compensable by sum of money--Motion dismissed--Criminal Code, R.S.C., 1985, c. C-46--Motor Vehicle Safety Act, S.C. 1993, c. 16, s. 15(1), (4)--Federal Court Rules, 1998, SOR/98-106, r. 377.