Corcovado Yacht Charters Ltd. v. Foreshore Projects Ltd.
T-153-98
Hargrave P.
9/2/98
12 pp.
Maritime law-Application for stay on ground Court without jurisdiction to deal with action involving lease of business premises (fishing tackle shop and charter booking centre) at Granville Island, in False Creek, part of Vancouver Harbour from landlord in turn leasing area from CMHC-Landlord refused to renew sublease-Granville Island part of reclaimed land belonging to Federal Government and administered by CMHC-Plaintiff submitting action governed by Canadian maritime law and falling within Court's jurisdiction by way of Federal Court Act, s. 22(1)-Defendant submitting plaintiff failed to meet threepronged test for jurisdiction set out in ITO-International Terminal Operators Ltd. v. Miida Electronics Inc. et al., [1986] 1 S.C.R. 752 (statutory grant of jurisdiction by federal Parliament; existing body of federal law; case must be based on law of Canada within meaning of Constitution Act, 1867, s. 101)-In simplest terms, issue whether plaintiff's action should be characterized as breach of marine agreement, governing maritime venture requiring application of Canadian maritime law, or breach of agreement for lease of waterfront property-Application granted-Cause of action herein not falling within any of specific paragraphs of Federal Court Act, s. 22(2)-Examination of McLachlin J.'s (dissenting) comments on "Canadian maritime law" in Bow Valley Husky (Bermuda) Ltd. v. Saint John Shipbuilding Ltd., [1997] 3 S.C.R. 1210-Question whether business of plaintiff and transaction between plaintiff and defendant so clearly dominated by marine considerations, or so integrally connected to maritime matters, that must fall to be resolved under Canadian maritime law and thus come within Court's jurisdiction-Court must avoid encroachment on any matter in pith and substance local matter involving property rights or civil rights of exclusively provincial jurisdiction-Lease and cancellation or non-renewal, and any breach thereof in pith and substance matters of property law falling clearly within provincial spheres of property and civil rights in province and matters of merely local or private nature within province, within Constitution Act, 1867, s. 92-Order in Council ostensibly giving CMHC authority as landlord over Granville Island or copy of headlease from CMHC to defendant irrelevant as could not grant jurisdiction to individual subjects to have property dispute between sublandlord and subtenant adjudicated upon by Federal Court-Lease clause requiring tenant to abide by Navigable Waters Protection Act of no assistance to plaintiff as not touching on contractual relations or remedies applicable to sublease of Crown land, or conferring any right of action on plaintiff-No factors importing maritime character so as to make transaction clearly dominated by marine considerations or which integrally connect it to maritime matters so should be resolved under Canadian maritime law-Civil dispute over building-Matter of purely local and provincial concern, matter of property rights as between subject and subject-Clearly provincial matter within ambit of British Columbia courts, at least to extent governed by arbitration provision contained in lease-Federal Court Act, R.S.C., 1985, c. F-7, s. 22 (1), (2)-Constitution Act, 1867, 30 & 31 Vict., c. 3 (U.K.) (as am. by Canada Act 1982, 1982, c. 11 (U.K.), Schedule the Constitution Act, 1982, Item 1 [R.S.C., 1985, Appendix II, No. 5], ss. 92, 101.