General Motors of Canada Ltd. v. City National Leasing

General Motors of Canada Ltd. v. City National Leasing

The Combines Investigation Act is intra vires Parliament under the general trade and commerce branch of s.91(2) because it embodies a national regulatory scheme with agency oversight and national scope; s.31.1 is a remedial, narrowly confined private cause of action functionally integrated into that scheme and therefore its limited encroachment on provincial civil‑law jurisdiction is constitutionally justified.

Citation
[1989] 1 SCR 641
Parties
Appellant (defendant): General Motors of Canada Limited; Respondent (plaintiff): City National Leasing; Intervener: The Attorney General of Canada; Intervener: The Attorney General of Quebec; Intervener: The Attorney General of British Columbia; Intervener: The Attorney General of Saskatchewan; Intervener: The Attorney General of Alberta
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 April 1989
Procedural Posture
Constitutional Law Division of Powers / Appeal to the Supreme Court of Canada From the Ontario Court of Appeal
Outcome
Appeal dismissed; both constitutional questions answered in the affirmative
Legal Topics
Division of Powers, Federal Trade and Commerce Power (s.91(2)), Provincial Property and Civil Rights (s.92(13)), Private Civil Remedy (s.31.1), Pith and Substance, Regulatory Scheme and Integration
Source Language
English
Constitutional Law Trade and Commerce Competition Law Division of Powers Federal Trade and Commerce Power (s.91(2)) Provincial Property and Civil Rights (s.92(13)) Private Civil Remedy (s.31.1) Pith and Substance +1 more

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Parties

General Motors of Canada Limited

Appellant (defendant)

City National Leasing

Respondent (plaintiff)

The Attorney General of Canada

Intervener

The Attorney General of Quebec

Intervener

The Attorney General of British Columbia

Intervener

The Attorney General of Saskatchewan

Intervener

The Attorney General of Alberta

Intervener

Procedural Posture

Constitutional Law Division of Powers / Appeal to the Supreme Court of Canada From the Ontario Court of Appeal

Legal Issues

  1. 1 Whether the Combines Investigation Act is intra vires Parliament under s. 91(2) (general trade and commerce branch)
  2. 2 Whether s. 31.1 of the Act creating a private civil cause of action is intra vires Parliament
  3. 3 Extent to which s. 31.1 intrudes on provincial jurisdiction over property and civil rights (s.92(13)) and whether that intrusion can be justified by integration with a valid federal regulatory scheme

Ratio Decidendi

The Combines Investigation Act is intra vires Parliament under the general trade and commerce branch of s.91(2) because it embodies a national regulatory scheme with agency oversight and national scope; s.31.1 is a remedial, narrowly confined private cause of action functionally integrated into that scheme and therefore its limited encroachment on provincial civil‑law jurisdiction is constitutionally justified.

Court Disposition

Appeal dismissed; both constitutional questions answered in the affirmative

Orders

  • Appeal dismissed with costs
  • Question 1 answered: Yes (Combines Investigation Act intra vires under s.91(2))