Federal court | Courts
JURISDICTION
Unclear what legal basis applicant relied upon in bringing application to court
Applicant purchased 114 properties between 2004 and 2013 as part of long standing effort to construct second span of Ambassador Bridge over Detroit River. In September 2013, respondent city issued repair orders in relation to 114 vacant properties as they had become blight on community. Applicant appealed those orders to Property Standards Committee. In October 2013, applicant filed application to Federal Court seeking declaration that, among other things, Ambassador Bridge was considered “federal undertaking”, and as such, was not subject to municipal by-laws. City brought motion to strike out notice of application on grounds that Federal Court did not have jurisdiction to hear application. Motion granted. It was plain and obvious that application lacked reasonable cause of action, and that it was bereft of any possibility of success. Applicant did not appear to be challenging any particular decision of city, Property Standards Committee, or any order of federal board, commission or other tribunal. Rather, it appeared to be simply seeking legal opinion regarding applicability of Act to Incorporate the Canadian Transit Company from court. Court did not have statutory authority to grant such remedy. It was equally unclear what legal basis applicant had relied upon in bringing application to court.
Canadian Transit Co. v. Windsor (City) (May. 21, 2014, F.C., Michel M.J. Shore J., File No. T-1699-13) 240 A.C.W.S. (3d) 875.
Unclear what legal basis applicant relied upon in bringing application to court
Applicant purchased 114 properties between 2004 and 2013 as part of long standing effort to construct second span of Ambassador Bridge over Detroit River. In September 2013, respondent city issued repair orders in relation to 114 vacant properties as they had become blight on community. Applicant appealed those orders to Property Standards Committee. In October 2013, applicant filed application to Federal Court seeking declaration that, among other things, Ambassador Bridge was considered “federal undertaking”, and as such, was not subject to municipal by-laws. City brought motion to strike out notice of application on grounds that Federal Court did not have jurisdiction to hear application. Motion granted. It was plain and obvious that application lacked reasonable cause of action, and that it was bereft of any possibility of success. Applicant did not appear to be challenging any particular decision of city, Property Standards Committee, or any order of federal board, commission or other tribunal. Rather, it appeared to be simply seeking legal opinion regarding applicability of Act to Incorporate the Canadian Transit Company from court. Court did not have statutory authority to grant such remedy. It was equally unclear what legal basis applicant had relied upon in bringing application to court.
Canadian Transit Co. v. Windsor (City) (May. 21, 2014, F.C., Michel M.J. Shore J., File No. T-1699-13) 240 A.C.W.S. (3d) 875.
