Date: 20030919
Docket: T-704-03
Citation: 2003 FC 1084
Between:
DRL VACATIONS LTD.
Applicant
- and -
HALIFAX PORT AUTHORITY
Respondent
REASONS FOR ORDER
Filed in support of the Order made in Halifax, N.S.,
on September 17, 2003
PINARD J.:
[1] This is a motion brought by the Halifax Port Authority ("HPA") to strike DRL Vacations Ltd.'s ("DRL") application for judicial review.
[2] The question is whether DRL's application for judicial review should be struck out on the basis that the HPA, an Authority created pursuant to the Canada Marine Act, S.C. 1998, c. 10, is not a "federal board, commission or other tribunal" within the meaning of sections 2 and 18.1 of the Federal Court Act, R.S.C. 1985. c. F-7. This issue must be determined in light of the particular factual context of the case at bar as well as in light of the relevant case-law, which includes Halterm Limited v. Halifax Port Authority, [2000] F.C.J. No. 937 (T.D.) (QL). In the latter case, this Court found that, when negotiating leases, the Halifax Port Authority was a "federal board, commission or other tribunal" and that therefore, this Court had jurisdiction to hear the relevant application for judicial review.
[3] In the circumstances, I consider it inappropriate that the above question be determined on a preliminary motion. The HPA has failed to convince me that DRL's application for judicial review is "so clearly bereft of any possibility of success" that it should be struck out (see David Bull Laboratories (Canada) Inc. v. Pharmacia Inc. et al., [1995] 1 F.C. 588, [1994] F.C.J. No. 1629 (C.A.) (QL)).
[4] Consequently, the motion is dismissed, with costs.
JUDGE
OTTAWA, ONTARIO
September 19, 2003
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-704-03
STYLE OF CAUSE: DRL VACATIONS LTD. v. HALIFAX PORT AUTHORITY
PLACE OF HEARING: Halifax, Nova Scotia
DATE OF HEARING: September 17, 2003
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PINARD
DATED: September 19, 2003
APPEARANCES:
D. Kevin Burke FOR THE APPLICANT
Jane O'Neill
Peter Bryson FOR THE RESPONDENT
SOLICITORS OF RECORD:
Cox Hanson O'Reilly Matheson FOR THE APPLICANT
Halifax, Nova Scotia
McInnes Cooper FOR THE RESPONDENT
Halifax, Nova Scotia