Casciato v. Centennial College of Arts and Technology
The Federal Court of Appeal affirmed that the Federal Court lacked jurisdiction because the appellant's claims were rooted in provincial law against a provincially-established college and did not disclose a cause of action under federal law as required by section 101 of the Constitution Act, 1867, therefore the...
Source-derived case information.
- Citation
- 2006 FCA 332
- Parties
- Appellant: Palma Casciato; Respondent: The Centennial College of Arts and Technology
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 18 October 2006
- Procedural Posture
- Appeal From Federal Court Decision on Motion to Strike / Decision on Appeal (dismissed)
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Jurisdiction, Motion to Strike, Remedies, Division of Powers, Section 101 Constitution Act, 1867
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Palma Casciato
Appellant
The Centennial College of Arts and Technology
Respondent
Procedural Posture
Appeal From Federal Court Decision on Motion to Strike / Decision on Appeal (dismissed)
Legal Issues
- 1 Whether the Federal Court has jurisdiction over claims against a provincially-created college
- 2 Whether the pleadings disclose a cause of action founded on federal law
- 3 Whether new claims may be advanced for the first time on appeal
Ratio Decidendi
The Federal Court of Appeal affirmed that the Federal Court lacked jurisdiction because the appellant's claims were rooted in provincial law against a provincially-established college and did not disclose a cause of action under federal law as required by section 101 of the Constitution Act, 1867, therefore the statement of claim was properly struck and the appeal dismissed.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Casciato v. Centennial College of Arts and Technology Court (s) Database Federal Court of Appeal Decisions Date 2006-10-18 Neutral citation 2006 FCA 332 File numbers A-54-06 Decision Content Date: 20061018 Docket: A-54-06 Citation: 2006 FCA 332 CORAM: LÉTOURNEAU J.A. NOËL J.A. EVANS J.A. BETWEEN: PALMA CASCIATO Appellant and THE CENTENNIAL COLLEGE OF ARTS AND TECHNOLOGY Respondent Heard at Toronto, Ontario, on October 10, 2006. Judgment delivered at Ottawa, Ontario, on October 18, 2006. REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: NOËL J.A. EVANS J.A. Date: 20061018 Docket: A-54-06 Citation: 2006 FCA 332 CORAM: LÉTOURNEAU J.A. NOËL J.A. EVANS J.A. BETWEEN: PALMA CASCIATO Appellant and THE CENTENNIAL COLLEGE OF ARTS AND TECHNOLOGY Respondent REASONS FOR JUDGMENT LÉTOURNEAU J.A. [1] The appellant’s statement of claim was dismissed on a motion to strike it. Hughes J. of the Federal Court was of the view that it did not raise any cause of action within the jurisdiction of the Federal Court. [2] After review of the material and the pleadings, we are satisfied that the learned judge did not commit an error that would require or justify our intervention. The appellant’s cause of action appears to be rooted in claims of tort, contract and fiduciary relationships. However, it is brought against a provincially-created institution established under provincial legislation, namely the Ontario Colleges of Applied Arts and Technology Act, 2002. In our respectful view, there is no “existing body of federal law”, nor is there a “law of Canada” as the phrase is used in section 101 of the Constitution Act, 1867 upon which the claim can reasonably be based. [3] Furthermore, the appellant is advancing new claims for the first time on appeal. She seeks damages in the amount of two million dollars, the issuance of warrants for electronic tracking devices under the Criminal Code and the assistance of this Court in securing employment. These are all remedies that this Court has no authority to grant in the circumstances. [4] For these reasons, the appeal should be dismissed with costs. “Gilles Létourneau” J.A. “I agree Marc Noël J.A.” “I agree John M. Evans J.A.” FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-54-06 STYLE OF CAUSE: PALMA CASCIATO v. THE CENTENNIAL COLLEGE OF ARTS AND TECHNOLOGY PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: October 10, 2006 REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: NOËL J.A. EVANS J.A. DATED: October 18, 2006 APPEARANCES: Palma Casciato FOR THE APPELLANT Freya Kristjanson FOR THE RESPONDENT SOLICITORS OF RECORD: Borden Ladner Gervais LLP Toronto, ON FOR THE RESPONDENT