The defendants brought a motion under Rules 21.01(1)(b) and 21.01(3)(a) of the Rules of Civil Procedure to strike a claim alleging negligence in the conduct of a federal tender process relating to hydroelectric facilities.
The plaintiff sought damages, declarations, and injunctive relief, alleging that a profit‑sharing requirement in the Request for Proposals was ultra vires the governing federal legislation.
The court held that Parks Canada was acting as a federal board, commission, or tribunal within the meaning of the Federal Courts Act and that the relief sought fell within the exclusive jurisdiction of the Federal Court under s. 18.
The court distinguished Canada (Attorney General) v. TeleZone Inc., finding that the action effectively challenged administrative decisions and sought traditional judicial review remedies.
The statement of claim was struck for lack of jurisdiction.
