Western Opportunities Ltd. v. Canada
T-3131-92
Rouleau J.
16/9/93
4 pp.
Application to strike statement of claim for failure to disclose reasonable cause of action -- Privately-administered investment syndicate, Western Opportunities Ltd., approved by Minister to be active in immigrant investor program -- Statement of claim alleging two doctors residing in Hong Kong who qualified under immigrant investor program and who had invested with plaintiff company refused visas without interviews -- Interviews refused as doctors would be unable to demonstrate controlled or directed financially successful business or commercial undertaking -- Plaintiffs alleging Crown servants applying invalid or arbitrary tests inconsistent with policy of Immigration Department -- Alleging negligent conduct, breach of duty of care -- Also alleging visa officers knew of relationship between applicants and plaintiffs and ought to have known plaintiffs would be injured by improper conduct in execution of powers and duties of public offices -- Claiming loss of profit as conduct of immigration officers resulting in decline of potential subscribers to investment program -- Defendants arguing purely economic loss insufficient to sustain action in damages; no duty of care, no breach, no foreseeability -- Application dismissed -- Not plain and obvious no cause of action -- While breach of statute not automatically giving rise to tort liability, acts constituting breach of statutory duty by Minister may also constitute actionable negligence.