PLBA 304 Lecture 2: Notes-Week 2.docx
8 Mar 2014
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Jurisdiction is primarily found in the federal court act (1971) 17 of the act provides that claims against the federal crown can be made in this court. [concurrent jurisdiction with the ontario superior court of justice] Her majesty the queen in right of canada (federal crown) Or her majesty the queen in right of ontario (provincial crown) : direct liability based on wrongdoing of civil servant eg. meat inspector. Sue federal crown in tort (civil wrongdoing) Eg. breach of tendered contract and in contract-damages loss related to property. : includes ministers and civil servants and crown agencies. Nuisance caused by federal army at army base. Immunity in crown liability and proceeding act. Civil servants are governed by the public service staff relations act. : must first file a grievance (complaint) and go through that process and then go to court. Some statutory provisions require that you only can sue the federal crown in federal court.
