Northern Pipeline Agency v. Perehinec

Northern Pipeline Agency v. Perehinec

Section 17 of the Federal Court Act does not apply because the claim is against the Agency, not the Crown; s.11 of the Northern Pipeline Act authorizes the Agency to employ and thereby to enter employment contracts in its own name and is by necessary implication suable on those contracts in provincial superior courts; consequently the appeal is dismissed and provincial jurisdiction is proper.

Citation
[1983] 2 SCR 513
Parties
Appellant / Defendant: Northern Pipeline Agency; Respondent / Plaintiff: John Perehinec; Co Defendant: Harold S. Millican
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 December 1983
Procedural Posture
Action for Wrongful Dismissal / Civil Employment Contract Dispute / Appeal to the Supreme Court of Canada From the Alberta Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Crown Immunity, Jurisdiction, Federal Vs Provincial Jurisdiction, Sue Government Agency, Federal Court Act S.17, Statutory Interpretation
Source Language
English
Administrative Law Constitutional Law Public Law Employment Law Civil Procedure Crown Immunity Jurisdiction Federal Vs Provincial Jurisdiction +3 more

Case Brief

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Parties

Northern Pipeline Agency

Appellant / Defendant

John Perehinec

Respondent / Plaintiff

Harold S. Millican

Co Defendant

Procedural Posture

Action for Wrongful Dismissal / Civil Employment Contract Dispute / Appeal to the Supreme Court of Canada From the Alberta Court of Appeal

Legal Issues

  1. 1 Whether a federal agency can enter into an employment contract in its own name and be sued in its own right
  2. 2 Whether s.17(2) of the Federal Court Act grants exclusive jurisdiction to the Federal Court because the claim arises out of a contract entered into by or on behalf of the Crown
  3. 3 Whether the Agency's status as an agent of the Crown makes this an action against the Crown

Ratio Decidendi

Section 17 of the Federal Court Act does not apply because the claim is against the Agency, not the Crown; s.11 of the Northern Pipeline Act authorizes the Agency to employ and thereby to enter employment contracts in its own name and is by necessary implication suable on those contracts in provincial superior courts; consequently the appeal is dismissed and provincial jurisdiction is proper.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs