Greely v. Tami Joan ( The )
T-2778-92
MacKay J.
30/5/96
12 pp.
Applications for leave to file conditional appearance to challenge Court's jurisdiction and to strike out Her Majesty the Queen in right of New Brunswick as represented by Minister of Fisheries and Aquaculture as defendant and to strike out portions of claim seeking relief against Minister, Her Majesty and her servants, employees or agents in personam-Court not having jurisdiction to grant relief against Her Majesty in right of a Province-By limiting definition of "Crown" in Federal Court Act, s. 2, intended that action could only be brought against Her Majesty in right of Canada-Federal Court jurisdiction entirely statutory and not providing for suit against province-Minister not submitting to jurisdiction of Court by filing statement of defence and counterclaim-Counterclaiming and defending only in capacity as owner or other person interested in ship Tami Joan-Even if did submit, Court could not extend jurisdiction clearly defined by statute-Nor does Court have jurisdiction over proceedings for relief in personam against Minister or agent by virtue of jurisdiction over maritime law-Subject matter jurisdiction distinct from jurisdiction over party-Defendant MacFarlane agent of New Brunswick Crown-In so far as acting within scope of duties, liability governed by provincial law of New Brunswick and in so far as acting outside duties, plaintiff may have action in tort-Both fall within provincial jurisdiction-Minister granted leave to file conditional appearance, Her Majesty in right of New Brunswick removed as defendant and style of cause amended-Certain paragraphs of claim struck and plaintiff's application to add MacFarlane as defendant dismissed.