Richard Casanova

Following the release of the main appellate decisions, the successful parties made costs submissions.

Counsel subsequently agreed to the quantum of costs for all four appeals.

The Court of Appeal ordered costs on a partial indemnity scale to TeleZone Inc., G-Civil Inc., Fielding Chemical Technologies Inc., and Michiel McArthur in the agreed-upon amounts.

Four appeals were heard consecutively to determine whether the Ontario Superior Court has jurisdiction over claims for damages against the federal Crown, or whether such claims must be brought in the Federal Court pursuant to section 18 of the Federal Courts Act.

The Crown argued that the claims constituted collateral attacks on federal administrative decisions and required prior judicial review in the Federal Court.

The Court of Appeal held that the Superior Court retains concurrent jurisdiction over claims for damages in contract and tort against the Crown.

Section 18 of the Federal Courts Act grants exclusive jurisdiction to the Federal Court only for prerogative remedies and declaratory relief, not for damages.

The plaintiffs' appeals were allowed and the Crown's appeals were dismissed.