The applicant, a registered band member of the Batchewana First Nation, sought judicial review of his eviction by the Batchewana First Nation Housing Authority from a residence subject to a rent-to-own agreement.
The Court determined that the eviction decision arose from a private contract dispute over property maintenance and rent arrears rather than the exercise of a public law power.
Applying the Air Canada factors, the Court held the Housing Authority was not acting as a 'federal board, commission or other tribunal'.
As the matter was private in nature, the Federal Court lacked jurisdiction, and the application was dismissed.
