Zutphen brought an application in the Nova Scotia Supreme Court to add the Crown as a third party to an action commenced against it by Dywidag.
The chambers judge dismissed the application, rejecting the argument that the Federal Court Act and Crown Liability Act provisions giving the Federal Court exclusive jurisdiction over claims against the Crown violated ss. 7 and 15 of the Charter.
The Court of Appeal set aside the decision, finding a s. 15 violation.
The Supreme Court of Canada allowed the appeal, holding that a corporation cannot avail itself of s. 7 protection, and that the impugned provisions do not constitute discrimination under s. 15(1).
