Canadian National Railway Company v. North-West Telephone Company

Canadian National Railway Company v. North-West Telephone Company

The Exchequer Court Act must be read to limit s.17 to actions against the Crown; it does not vest exclusive jurisdiction in the Exchequer Court over contractual claims derived from the Crown where the Crown is not the plaintiff, and s.29(d) and s.44 do not expand jurisdiction to permit the appellant to require adjudication in the Exchequer Court; accordingly the Exchequer Court had no jurisdiction and the appeal fails.

Citation
[1961] SCR 178
Parties
Appellant/plaintiff: Canadian National Railway Company; Respondent/defendant: North-West Telephone Company; Intervenor: Attorney General of Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 January 1961
Procedural Posture
Appeal From Exchequer Court; Motion for Interlocutory Injunctions in a Contract Action / On Appeal to the Supreme Court of Canada After Dismissal of Interlocutory Injunction Motion Below
Outcome
Appeal dismissed; action dismissed; interlocutory injunction motion dismissed
Legal Topics
Crown Prerogative, Jurisdiction of Federal/exchequer Court, Exclusive Jurisdiction, Interlocutory Injunction, Breach of Contract, Entrustment of Government Undertaking
Source Language
English
Public Law Administrative Law Civil Procedure Contract Law Constitutional Law Crown Prerogative Jurisdiction of Federal/exchequer Court Exclusive Jurisdiction +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Canadian National Railway Company

Appellant/plaintiff

North-West Telephone Company

Respondent/defendant

Attorney General of Canada

Intervenor

Procedural Posture

Appeal From Exchequer Court; Motion for Interlocutory Injunctions in a Contract Action / On Appeal to the Supreme Court of Canada After Dismissal of Interlocutory Injunction Motion Below

Legal Issues

  1. 1 Whether s.17 of the Exchequer Court Act confers exclusive jurisdiction on the Exchequer Court where the claim arises out of a contract entered into by or on behalf of the Crown
  2. 2 Whether an entity entrusted with management of a Crown undertaking can secure jurisdiction of the Exchequer Court under s.17 or s.29(d) when the Crown is not eo nomine the plaintiff
  3. 3 Whether s.44 of the Canadian National Railways Act expands what constitutes a court of competent jurisdiction for suits by the National Company

Ratio Decidendi

The Exchequer Court Act must be read to limit s.17 to actions against the Crown; it does not vest exclusive jurisdiction in the Exchequer Court over contractual claims derived from the Crown where the Crown is not the plaintiff, and s.29(d) and s.44 do not expand jurisdiction to permit the appellant to require adjudication in the Exchequer Court; accordingly the Exchequer Court had no jurisdiction and the appeal fails.

Court Disposition

Appeal dismissed; action dismissed; interlocutory injunction motion dismissed

Orders

  • Appeal and action dismissed with costs
  • No costs to or against the Attorney General of Canada