Canadian National Railway Co. v. Trudeau

Canadian National Railway Co. v. Trudeau

Majority held that the Superior Court lacked jurisdiction because the plaintiff's right to compensation for injurious affection, if any, derived from federal statute and the Canadian National Railways Act and Expropriation Act prescribe the manner and forum for claiming compensation (Exchequer Court); therefore the provincial Superior Court could not adjudicate the claim and the action was dismissed.

Citation
[1962] SCR 398
Parties
Defendant/appellant: Canadian National Railway Company; Plaintiff/respondent: Dame Olivine Trudeau
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 February 1962
Procedural Posture
Civil Appeal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal allowed; action dismissed by majority (with dissent)
Legal Topics
Jurisdiction, Exclusive Federal Jurisdiction, Expropriation, Injurious Affection, Compensation, Railway Statutory Powers
Source Language
English
Constitutional Law Property Law Civil Procedure Administrative Law Transportation Law Jurisdiction Exclusive Federal Jurisdiction Expropriation +3 more

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Parties

Canadian National Railway Company

Defendant/appellant

Dame Olivine Trudeau

Plaintiff/respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the Superior Court of Quebec had jurisdiction to hear a claim for injurious affection against Canadian National Railway arising from construction on expropriated land
  2. 2 Whether jurisdiction to determine compensation for lands taken or injuriously affected by the National Company is exclusively vested in the Exchequer Court under the Canadian National Railways Act and the Expropriation Act
  3. 3 Whether the plaintiff's claim is substantive statutory compensation requiring statutory forum rather than a common law tort claim

Ratio Decidendi

Majority held that the Superior Court lacked jurisdiction because the plaintiff's right to compensation for injurious affection, if any, derived from federal statute and the Canadian National Railways Act and Expropriation Act prescribe the manner and forum for claiming compensation (Exchequer Court); therefore the provincial Superior Court could not adjudicate the claim and the action was dismissed.

Court Disposition

Appeal allowed; action dismissed by majority (with dissent)

Orders

  • Appeal allowed
  • Judgment below set aside and declinatory exception sustained; action dismissed