Joseph de Pencier

The appellants brought an action in the Supreme Court of Ontario against the Crown in right of Canada for losses arising from the mismanagement of a buffer stock of tin.

The Crown successfully moved to dismiss the action on the basis that the Federal Court had exclusive jurisdiction under the Federal Court Act and the Crown Liability Act.

The appellants appealed, arguing that the exclusive jurisdiction provisions violated s. 15(1) of the Charter.

The Supreme Court of Canada dismissed the appeal, holding that the Crown is not an 'individual' with whom a comparison can be made under s. 15(1), and that the legislation does not discriminate against individuals claiming relief against the Federal Crown.

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).