[2012] 3 F.C.R. D-13
Maritime Law
Federal Court jurisdiction—Appeal from Federal Court decision (2011 FC 1440) dismissing appellant’s (Alberta) motion to strike respondents’ (Toney) claim for lack of jurisdiction—Respondents claiming damages from Alberta for loss arising from death of daughter/sister after vessel owned by Alberta capsizing during rescue operation—Claim falling within subject of navigation and shipping, within express terms of Federal Courts Act, R.S.C., 1985, c. F-7, ss. 22(2)(d),(g)—Case law decided by Federal Court of Appeal not involving s. 22—Respondents’ arguments based on Act, ss. 22, 43 not considered expressly in past—Nor has Court considered impact of exclusive grants of jurisdiction to Federal Court in respect of certain matters—Not plain, obvious Federal Court not having personal jurisdiction over Alberta in present matter—Appeal dismissed.
Toney v. Canada (A-479-11, 2012 FCA 167, Gauthier J.A., judgment dated June 6, 2012, 3 pp.)