Laurentian Pilotage Authority v. Pilotes du Saint-Laurent Central Inc.
T-2272-93
Joyal J.
21/12/93
6 pp.
Application to strike and dismiss plaintiff's action on ground presented no reasonable cause of action, without legal basis and abuse of process of Court -- Contract to hire service of licensed pilots expired June 30, 1993 -- As pilots no longer available, respondent granted waivers of compulsory pilotage thereafter pursuant to Laurentian Pilotage Authority Regulations, s. 5 -- Filed action for declaration correct in fact and law to grant waivers of compulsory pilotage in view of refusal or unavailability of pilots, members of applicant -- Court has jurisdiction in case at bar under power over navigation conferred on it by Federal Court Act, s. 22 -- Action for declaratory judgment would have no practical effect since authority already took decision and acted accordingly-Respondent has no valid interest since applicant did not object in any way to interpretation of s. 5 of Regulations -- Question whether authority correctly applied Regulations one of fact to be determined in proceeding, not by declaratory judgment -- Court has no jurisdiction to render judgment declaratory of fact-Application allowed -- Laurentian Pilotage Authority Regulations, C.R.C., c. 1268, s. 5 -- Federal Court Act, R.S.C., 1985, c. F-7, s. 22.