Bank of Montreal v. Canada ( Attorney General )
A-216-97
Isaac C.J.
26/4/99
4 pp.
Appeal from Motions Judge's order ([1997] F.C.J. No. 263 (T.D.) (QL) dismissing appellants' application for mandamus compelling respondents, Minister of Agriculture and Minister of Finance, to exercise discretion under Agricultural Products Cooperative Marketing Act to pay to appellants amount of guarantee given by Minister of Agriculture-Motions Judge intended application before him should proceed as action, if parties asked for order to that effect-Instead of making such order ex proprio motu, Motions Judge dismissed application with costs in cause-Counsel for parties claiming, as alternative relief, direction from Court converting application to action under Federal Court Act, s. 18.4(2)-Court having authority to make order Motions Judge should have made by joint effect of Federal Court Act, ss. 52(b)(i), 18.4(2)-Application for judicial review filed by appellants in Trial Division on May 15, 1996 to be treated, proceeded with as action-Application shall be considered as statement of claim, appellants shall be considered plaintiffs in action, respondents as defendants-Appeal allowed in part-Agricultural Products Cooperative Marketing Act, R.S.C., 1985, c. A-5-Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.4(2) (as enacted by S.C. 1990, c. 8, s. 5), 52(b)(i) (as am. idem, s. 17).