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National Capital Commission (Plaintiff)
v.
Édouard Bourque & Paul Bourque (Defendants)
No. 1
Trial Division, Noël A.C.J.—Ottawa, August 19, 23, 1971.
Practice and Procedure—Judgment against National Capital Commission as plaintiff in expropriation action— Seizures by defendants' creditors—Application by plaintiff for directions and for payment in—No jurisdiction—N.C.C. not. the Crown—Federal Court Act, s. 17(3)(c)—Federal Court Rules 441, 604.
Judgment was pronounced against plaintiff, the National Capital Commission, in favour of defendants in an expro priation action in this Court. Creditors of defendants served plaintiff with seizures. Plaintiff applied under s. 17(3)(c) of the Federal Court Act for directions as to whom and in what amounts the balance owing on the judgment should be paid and for leave to pay that sum into court.
Held, dismissing the application, s. 17(3)(c) of the Act, and Rule 604 of the Rules are restricted to applications by the Crown and do not apply to an agency of the Crown such as plaintiff. The Rules for payment in only permit payment in by a defendant.
APPLICATION.
Mrs. Eileen Mitchell Thomas, Q.C., for plain tiff, applicant.
Austin O'Connor, Q.C., and L. P. Carr, for defendants, contrâ.
NoEL A. C. J.—Plaintiff moves for a direc tion, pursuant to s. 17(3)(c) of the Federal Court Act, as to whom and in what amounts the balance it owes on the judgment rendered by this Court and the costs should be paid.
This motion is dismissed on the basis that s. 17(3)(c) applies only to the Crown and does not apply to an agency of the Crown, such as the plaintiff which, under s. 4(4) of its Act of incor poration,' can be sued as an ordinary person and which has been served with a number of seizures emanating from creditors of the defendants from Ontario as well as from Quebec. It will have to deal with these matters
under whatever provincial laws are applicable. It cannot avail itself either of Rule 604 of the Rules of this Court (which corresponds to s. 24 of the Exchequer Court Act, now repealed) which also is specifically restricted to the Crown.
Counsel also requested that it be authorized to pay into this Court the amount of its indebt edness under the judgment of this Court. There is a further difficulty here in that although the position of the plaintiff in an expropriation action is tantamount to that of a defendant in the sense that it says I owe some money but it should be restricted to what I believe is the value of the defendant's property, our Rules for the payment of money into Court 2 provide only for defendants and not for any other party.
Motion is therefore dismissed without costs.
I National Capital Act, R.S.C. 1970, c. N-3. 2 Rules 441 to 445—ED.
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