PRACTICE |
Preliminary Determination of Question of Law |
Abbott v. Canada
T-1168-96
2002 FCT 186, O'Keefe J.
25/2/02
17 pp.
Motion to appeal order of Prothonotary Hargrave answering in affirmative two questions of law as to whether Crown had authority to grant perpetually renewable leases--Defendant requesting two issues before Prothonotary be re-evaluated by judge exercising discretion de novo, both be answered in negative--Plaintiffs seeking order answering issue one in affirmative, namely defendants had legal authority to grant leases with perpetual renewal clauses--Law followed by Court when reviewing, deciding appeals from discretionary decision of prothonotary set out by F.C.A. in Canada v. Aqua-Gem Investments Ltd., [1993] 2 F.C. 425--Prothonotary finding defendant had authority under legislation to grant leases with perpetual renewal clauses when leases granted-- Correctly noted no statutory prohibition stating Minister could not enter into lease containing perpetual renewal clause-- Legislation giving Minister authority to lease park lands-- Prothonotary correctly answering first question in affirmative --Based affirmative answer to second question on equitable estoppel--Doctrine of equitable estoppel applying to Crown --Defendant's motion dismissed.