Judgments

Decision Information

Decision Content

T-2427-89
Trainor Surveys (1974) Limited (Plaintiff) v.
Province of New Brunswick, Province of Prince Edward Island, Province of Nova Scotia, Council of Maritime Premiers and Land Registration and Information Service (Defendants)
INDEXED AS: TRAINOR SURVEYS (1974) LIMITED V. NEW BRUNSWICK (T.D.)
Trial Division, McNair J.—Halifax, February 13; Ottawa, March 1, 1990.
Federal Court jurisdiction Trial Division Copyright infringement action against provincial Crowns Motion to dismiss for lack of jurisdiction Concurrent jurisdiction with provincial courts to determine civil actions for copyright infringement insufficient to vest Federal Court with jurisdic tion Specific provision, whether in federal legislation or provincial Crown proceedings statutes, required in light of traditional immunity of provincial Crowns and agencies from suits in Federal Court and as Federal Court statutory court.
Constitutional law Charter of Rights Equality rights Action against provincial Crowns for copyright infringe ment dismissed for lack of jurisdiction ratione personae Whether preferential position of Crown with respect to litiga tion, based on doctrine of Crown privilege, contrary to Charter, s. 15(1) Neither plaintiff corporation nor defendant Crowns "individuals" for purposes of Charter, s. 15(1).
Constitutional law Charter of Rights Life, liberty and security Action for copyright infringement against provin cial Crowns Charter, s. 7 not applicable as copyright infringement relating to purely proprietary or economic rights.
Copyright Infringement Federal Court action against provincial Crowns and agencies dismissed for lack of jurisdic tion ratione personae.
Crown Prerogatives Action for copyright infringement against provincial Crowns and agencies dismissed for lack of jurisdiction ratione personae No specific federal or provin cial statutory provision abrogating traditional provincial Crown immunity from actions in Federal Court.
Practice Dismissal of proceedings Lack of jurisdiction Motion for dismissal not analogous to motion to strike
Jurisdictional issue pure question of law standing on own uninfluenced by considerations applicable to motion to strike.
This was a determination of a question of law as to whether the Court had jurisdiction to entertain the plaintiffs copyright infringement action against three provincial Crowns and two agencies thereof, and a motion to dismiss for want of jurisdic tion. The defendants submitted that the Court lacked jurisdic tion ration personae, although it had concurrent jurisdiction to determine civil actions for copyright infringement under Copy right Act, section 37 and Federal Court Act, subsection 20(2). The provinces relied on their respective provincial Crown pro ceedings statutes. They argued that the Federal Court has jurisdiction over the provinces only to the extent that such jurisdiction has been expressly allocated by provincial legisla tion, having regard to the traditional immunity of provincial Crowns from suits in the Federal Court; and, that Crown agents are subject to the same jurisdictional limitations as the respective provincial Crowns. The plaintiff submitted that the Court must be satisfied that it is "plain and obvious that the action cannot succeed", analogizing a motion for dismissal to a motion to strike. Finally, the plaintiff argued that the preferen tial position of the Crown with respect to litigation, based on the doctrine of Crown privilege was contrary to Charter, sub section 15(1). It submitted that the Crown is a physical person with the same general capacity to contract as anyone else and that corporations are individuals and entitled to the protection against discrimination guaranteed by Charter, subsection 15(1).
Held, the Court lacked jurisdiction to entertain the plaintiff's copyright infringement action. The motion for dismissal should be granted.
The jurisdictional issue, a pure question of law, must stand or fall on its own merits, uninfluenced by considerations which might be applicable in the case of motions to strike.
The Federal Court is a statutory court whose jurisdiction is defined and limited by the Federal Court Act. The mere fact that the Federal Court has concurrent jurisdiction with provin cial courts over the subject-matter is insufficient to vest the Court with jurisdiction in this case in the absence of some specific provision to that effect, whether in federal legislation or in the Crown proceedings statutes.
Charter, section 7 does not apply because the subject-matter of the claim relates purely to proprietary or economic rights. The crux of the case is whether the plaintiff and the Crown are "individuals" within the contemplation of subsection 15(1) of the Charter. It has been held that both corporations and the Crown are not "individuals" for the purposes of subsection 15(1).
STATUTES AND REGULATIONS JUDICIALLY CONSIDERED
Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.), ss. 7, 15.
Copyright Act, R.S.C., 1985, c. C-42, s. 37.
Crown Proceedings Act, R.S.P.E.I. 1974, c. C-31, s. 7. Federal Court Act, R.S.C., 1985, c. F-7, s. 20.
Federal Court Rules, C.R.C., c. 663, RR. 401, 419, 474(1) (a).
Federal Courts Jurisdiction Act, R.S.N.B. 1973, c. F-8, s. 1 (as am. by S.N.B. 1979, c. 41, s. 51; 1982, c. 3, s. 28).
Proceedings Against the Crown Act, R.S.N.B. 1973, c.
P-18, ss. 6 (as am. by S.N.B. 1979, c. 41,s. 98), 21. Proceedings against the Crown Act, R.S.N.S. 1967, c.
239, ss. 9, 24(1), 25.
CASES JUDICIALLY CONSIDERED
APPLIED:
New Brunswick Electric Power Commission v. Maritime Electric Company Limited, [1985] 2 F.C. 13; (1985), 60 N.R. 203 (C.A.); Canadian Javelin Ltd. v. The Queen in right of Newfoundland, [1978] 1 F.C. 408; (1977), 77 D.L.R. (3d) 317 (C.A.); Avant Inc. v. R., [1986] 2 F.C. 91; 25 D.L.R. (4th) 156; 8 C.P.R. (3d) 418; 1 F.T.R. 270 (T.D.); Union Oil Co. of Canada Ltd. v. The Queen, [1976] 1 F.C. 74; (1975), 72 D.L.R. (3d) 81 (C.A.); appeal to the Supreme Court of Canada dismissed [1976] 2 S.C.R. y; R. v. Stoddart (1987), 37 C.C.C. (3d) 351; 20 O.A.C. 365 (Ont. C.A.); Rudolph Wolff & Co. v. Canada (1987), 26 C.P.C. (2d) 166 (Ont. H.C.); affd March 7, 1988, Ont. C.A.
DISTINGUISHED:
Dywidag Systems International Canada Limited v. Zut- phen Brothers Construction Limited (1987), 76 N.S.R. (2d) 398; 35 D.L.R. (4th) 433; 189 A.P.R. 398; 17 C.P.C. (2d) 149; 29 C.R.R. 6 (C.A.).
CONSIDERED:
Verreault (J.E.) & Fils Ltée v. Attorney General (Quebec), [1977] 1 S.C.R. 41; (1975), 57 D.L.R. (3d) 403; 5 N.R. 271; Attorney General of Quebec v. Labrecque et al., [1980] 2 S.C.R. 1057; (1980), 81 C.L.L.C. 14,119; Milk Bd. v. Clearview Dairy Farm Inc., [1987] 4 W.W.R. 279; (1987), 12 B.C.L.R. (2d) 116 (B.C. C.A.); leave to appeal to S.C.C. refused [1987] 1 S.C.R. vii; (1987), 81 N.R. 240.
REFERRED TO:
Page v. Churchill Falls (Labrador) Corp. Ltd., [1972] F.C. 1141; (1972), 29 D.L.R. (3d) 236 (C.A.); R. v. Wilfrid Nadeau Inc., [1973] F.C. 1045 (CA.); Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143; (1989), 56 D.L.R. (4th) 1; [1989] 2 W.W.R. 289; 34 B.C.L.R. (2d) 273; 36 C.R.R. 193; 91 N.R. 255.
COUNSEL:
W. Wylie Spicer for plaintiff. John D. Murphy for defendants.
SOLICITORS:
Eddy & McElman, Fredericton, for plaintiff.
Stewart MacKeen & Covert, Halifax, for defendants.
The following are the reasons for decision ren dered in English by
MCNAIR J.: The issue in this case is whether the Court lacks jurisdiction to entertain the plain tiff's action against the respective provincial Crowns and two agencies thereof for alleged copy right infringement by reason of the character of their persons or, as the maxim puts it, ratione personae. The defendants' motion is made pursu ant to Rule 401(c) and Rule 474(1)(a) of the Federal Court Rules [C.R.C., c. 663], which read as follows:
Rule 401. A defendant may, by leave of the Court, file a conditional appearance for the purpose of objecting to
(c) the jurisdiction of the Court, and an order granting such leave shall make provision for any stay of proceedings neces sary to allow such objection to be raised and disposed of.
Rule 474. (I) The Court may, upon application, if it deems it expedient so to do,
(a) determine any question of law that may be relevant to the decision of a matter ...
On December 12, 1989 the Court made an order granting leave to the defendants to file a condition al appearance and staying proceedings pending disposition of the objection to jurisdiction. The present proceeding calls for the determination of the question of law as to jurisdiction. Essentially, the defendants' contention is that this court lacks jurisdiction ratione personae with respect to all or any of the defendants named in the plaintiff's action. By the same token, it appears to be undis puted that the Court has concurrent jurisdiction over the subject-matter of the plaintiffs action, namely, copyright infringement. Section 37 of the
Copyright Act, R.S.C., 1985, c. C-42, provides as follows:
37. The Federal Court shall have concurrent jurisdiction with provincial courts to hear and determine all civil actions, suits or proceedings that may be instituted for contravention of any of the provisions of this Act or to enforce the civil remedies provided by this Act.
Subsection 20(2) of the Federal Court Act, R.S.C., 1985, c. F-7, reads as follows:
20....
(2) The Trial Division has concurrent jurisdiction in all cases, other than those mentioned in subsection (I), in which a remedy is sought under the authority of any Act of Parliament or at law or in equity respecting any patent of invention, copyright, trade-mark or industrial design.
Subsection 20(1) of the Act gives the Trial Divi sion exclusive jurisdiction over cases involving, among other things, the registration of any copy right or the making, expunging, varying or rectify ing of any registration entry with respect thereto. Clearly, the plaintiff's claims do not fall within the exclusivity terminology of subsection 20(1) of the Act.
I consider that the facts pleaded in the plaintiffs statement of claim should be taken as proven for purposes of the jurisdictional objection raised by the defendants. Paragraphs 2, 3 and 4 of the statement of claim assert claims against the three named provinces, pursuant to their respective stat utes having to do with proceedings against the Crown. Paragraph 5 pleads that the Council of Maritime Premiers was at all material times the agent of the defendant provinces and paragraph 6 alleges that the Land Registration and Informa tion Service was an agent both of the defendant provinces and the Council of Maritime Premiers. Paragraphs 7 to 12 inclusive plead copyright infringement of the plaintiff's maps and plans on the part of the defendants and the conversion of the same to their use and benefit, whereby the plaintiff is alleged to have suffered loss and damage. Paragraph 13 sets out the usual claims for relief in cases of copyright infringement includ ing, among others, injunctive relief, a declaration of copyright ownership, damages for copyright infringement and conversion and an accounting of profits.
The first defendant, province of Nova Scotia, bases its ratione personae objection to jurisdiction on the Proceedings against the Crown Act, R.S.N.S. 1967, c. 239, and more particularly sec tions 9, 24(1) and 25, which read as follows:
9 Nothing in this Act authorizes proceedings against the Crown except in the Supreme or a county court.
24 (1) Except as provided in this Act, proceedings against the Crown are abolished.
25 Except as otherwise provided herein, where this Act conflicts with any other Act this Act shall prevail.
The second defendant, Province of New Bruns- wick, adopts a similar position with respect to the question of ratione personae jurisdiction. Sections 6 [as am. by S.N.B. 1979, c. 41, s. 98] and 21 of the New Brunswick Proceedings Against the Crown Act, R.S.N.B. 1973, c. P-18, provide as follows:
6 subject to this Act, proceedings against the Crown may be instituted in The Court of Queen's Bench of New Brunswick and proceeded with in accordance with the Judicature Act.
21 No proceedings may be brought against the Crown except as provided by this Act.
By subsection 2(1), the Act is made subject, inter alia, to the Federal Courts Jurisdiction Act, R.S.N.B. 1973, c. F-8. Section 1 [as am. by S.N.B. 1979, c. 41, s. 51; 1982, c. 3, s. 28] of that Act says it all, and reads:
1 The Supreme Court of Canada, and the Federal Court of Canada, or the Supreme Court of Canada alone, according to the provisions of the Acts of the Parliament of Canada, known as the Supreme Court Act and the Federal Court Act, have jurisdiction in the following cases:
(a) controversies between Canada and the Province;
(b) controversies between the Province and any other Prov ince of Canada that may have passed, or may hereafter pass, an Act similar to this;
(c) suits, actions, or proceedings, in which the parties thereto by their pleadings raise the question of the validity of an Act of the Parliament of Canada, or of an Act of the Legislature of the Province, and when in the opinion of The Court of Queen's Bench of New Brunswick such question is material, in which case the said Court of Queen's Bench of New Brunswick shall at the request of the parties, and may without such request, order the case to be removed to the
Supreme Court of Canada in order that the question may be decided.
The third defendant, Province of Prince Edward Island, relies on the Crown Proceedings Act, R.S.P.E.I. 1974, c. C-31, as amended. Section 7 of that Act, exclusive of citation references, reads as follows:
7. Subject to this Act, all proceedings against the Crown in the Supreme Court of Prince Edward Island shall be instituted and proceeded with in accordance with the Judicature Act ... .
The three provincial statutes relating to pro ceedings against the Crown define the word "Crown" as meaning "the Crown in right of the Province". The Proceedings Against the Crown Act of New Brunswick includes a Crown corpora tion within the definition of the word "Crown". The definition sections of all three statutes are explicit in stating that the word "person" does not include the Crown.
The Jurisdictional Issue Per Se
The defendants' submissions on this point may be summarized as follows:
1. The Federal Court can only have jurisdiction over the three provinces to the extent that such jurisdiction has been expressly allocated by pro vincial legislation, having regard as well to the traditional immunity of the provincial Crown from suits in the Federal Court and the fact that this was not intended to be abrogated by the general descriptions of subject-matter of jurisdiction in the Federal Court Act: Avant Inc. v. R., [1986] 2 F.C. 91 (T.D.); and Union Oil Co. of Canada Ltd. v. The Queen, [1976] 1 F.C. 74 (C.A.) [appeal to the Supreme Court of Canada dismissed [1976] 2 S.C.R. v].
2. The fact that the Prince Edward Island statute only goes so far as to require that actions against the provincial Crown be instituted and proceeded with in accordance with the provi sions of the Judicature Act does not alter the common law position of Crown immunity from suits in courts other than that of the province. The Federal Courts Jurisdiction Act of New Brunswick has no application to the present case as there is no question of any controversies
between Canada and New Brunswick or be tween that province and any other province that may have enacted similar legislation, nor is the validity of an Act of the Parliament of Canada or of the Legislature of the province put in question by the present action.
3. The allegations of the existing agency relation ship between Council of Maritime Premiers and the Land Registration and Information Service, as pleaded in paragraphs 5 and 6 of the state ment of claim, must be taken as proven. Pro ceedings against the Crown in all three prov inces include proceedings against Crown agents. Hence, it follows that these Crown agents, Council of Maritime Premiers and Land Registration and Information Service, are subject to the same jurisdictional limitations as the respective provincial Crowns.
On the jurisdictional issue, the plaintiff takes the position that a motion for dismissal on the ground of lack of jurisdiction is analogous to a motion to strike under Rule 419 of the Federal Court Rules inasmuch as the Court must be satis fied that it is "plain and obvious that the action cannot succeed". In the plaintiff's submission, con sideration must be given to the question of whether the plaintiff's case has been shown to be hopeless because of lack of jurisdiction.
With respect, I am unable to agree that any such analogy should be drawn between cases rais ing the pure and simple issue of lack of jurisdiction in the Court and those having to do with motions to strike under Rule 419. In my view, the jurisdic tional issue, which is a pure question of law, must stand or fall on its own merits, uninfluenced by considerations which might be applicable in the case of motions to strike: Page v. Churchill Falls (Labrador) Corp. Ltd., [1972] F.C. 1141 (C.A.); and R. v. Wilfrid Nadeau Inc., [1973] F.C. 1045 (C.A.).
It should be observed at the outset that the Federal Court of Canada is a statutory court whose jurisdiction is defined and limited by the instrument of its creation. In New Brunswick
Electric Power Commission v. Maritime Electric Company Limited, [1985] 2 F.C. 13 (C.A.), Stone J., delivering the judgment of the Court on an application for a stay of execution of an order pending disposition of an appeal, said at page 25:
The contention that the Court has inherent power to stay the Board's order can be dealt with shortly. The Federal Court, unlike a superior court of a province, is a statutory court. Its jurisdiction to hear and determine disputes must therefore be found in the language used by Parliament in conferring jurisdiction.
In Canadian Javelin Ltd. v. The Queen in right of Newfoundland, [1978] 1 F.C. 408 (C.A.), an appeal from the Trial Judge's dismissal of an action by three corporations against the Province of Newfoundland for want of jurisdiction was dis missed. Jackett C.J. made the following statement, at page 409:
In my view, it is clear law that the Crown cannot be impleaded in a court in respect of a claim against the Crown except where statutory jurisdiction has been conferred on the court to entertain claims against the Crown of a class in which the particular claim falls.
In my opinion, the mere fact that the Federal Court has concurrent jurisdiction with provincial courts to hear and determine civil actions for copyright infringement is insufficient to vest the Court with jurisdiction to entertain the present suit impleading the provincial Crowns and the Crown agencies named as defendants in the absence of some specific provision to that effect, whether contained in federal legislation or in the respective Crown proceedings statutes of the three provinces. I concur with the reasoning of Collier J. in Avant Inc. v. R., supra, and, paraphrasing his words, conclude that "for the provincial Crown[s] to be sued in this court, there must, ... be some legisla tive provision permitting suits", and here there is none. I am also of the opinion that the traditional immunity of the provincial Crowns and their agen cies from suits in the Federal Court is not abrogat ed in the present case by the general descriptions of subject matter of concurrent jurisdiction with respect to copyright contained in the Federal Court Act, on the principle of Union Oil Company v. The Queen, supra.
Subsection 15(1) of the Charter
The defendants assert that the plaintiff cannot rely upon either section 7 or subsection 15(1) of the Canadian Charter of Rights and Freedoms [being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.)] in support of the claim of entitlement to litigate its action for copyright infringement in the Federal Court. In actual fact, it seems to be common ground that section 7 of the Charter does not apply in any event because the subject-matter of the claim relates purely to proprietary or economic rights. As for subsection 15 (1) of the Charter, the defendants submit that the specific terminological reference therein to "every individual" precludes corporations from availing themselves of the guar anteed equality rights afforded thereby, citing Milk Bd. v. Clearview Dairy Farm Inc., [1987] 4 W.W.R. 279 (B.C. C.A.), [leave to appeal to Supreme Court of Canada refused [1987] 1 S.C.R. vii]. Anticipating the plaintiff's reliance on the case of Dywidag Systems International Canada Limited v. Zutphen Brothers Construction Limited (1987), 76 N.S.R. (2d) 398 (C.A.), the defendants contend that the present case is distin guishable from Zutphen in that the subject-matter does not involve a claim for negligent misrepre sentation in respect of a contract between the parties wherein the defendants sought to join the federal Crown in third party proceeding, and suc ceeded in doing so by virtue of subsection 15(1) of the Charter. The defendants point out that the underlying rationale of Zutphen was the proce dural discrimination between the subject and the Crown with respect to litigation perceived as the result of conferring exclusive jurisdiction on the Federal Court under section 17 of the Federal Court Act. In the defendants' submission, the present case is not analogous to the situation where one party may implead another party in a court in which the other party has no such recipro cal right of suit. Furthermore, it is urged that the applicable federal legislation in this case, namely, subsection 20(2) of the Federal Court Act and section 37 of the Copyright Act, only goes so far as to confer concurrent jurisdiction on the Federal Court with the result that any argument based on
discrimination must surely fail. Finally, the defendants press the argument that it is not the mandated role of section 15 of the Charter to require that provincial legislatures confer jurisdic tion on courts outside their territorial and jurisdic tional boundaries, in this instance the Federal Court of Canada.
The plaintiff relies strongly on Dywidag Sys tems International Canada Limited v. Zutphen Brothers Construction Limited, supra, in pressing the argument that subsection 15(1) of the Charter has raised the question of whether the preferential position of the Crown with respect to litigation, based on the doctrine of Crown privilege, is not an anachronism in the modern era of the Charter. The plaintiff submits that the Crown is a physical person with the same general capacity to contract as anyone else, citing Verreault (J.E.) & Fils Ltée v. Attorney General (Quebec), [1977] 1 S.C.R. 41; and Attorney General of Quebec v. Labrecque et al., [1980] 2 S.C.R. 1057. The plaintiff further submits that corporations are individuals within the contemplation of subsection 15(1) of the Charter and as such are entitled to the guaranteed right of protection against discrimination. The plaintiff cites in support of this proposition the case of Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143.
I agree with the submission of defendants' coun sel that the Zutphen case is distinguishable on its facts from the case at bar, primarily because the exclusive jurisdiction of the Federal Court to entertain suits against the federal Crown was held to offend the equality provisions of section 15 of the Charter. The rationale on this point is thus stated by Jones J.A., at page 447:
The effect of s. 17 of the Federal Court Act in conferring exclusive jurisdiction on the Federal Court is to place the subject in a different position from the Crown as litigant. While the Crown can sue the subject in the Supreme Court the subject does not have the same right to sue the Crown. It follows that the subject is not equal before and under the law and does not have the equal protection and benefit of the law without discrimination.
In the present case, there is no question of any exclusive jurisdiction vested in the Federal Court which could be seen as subjecting the plaintiff to procedural discrimination. The applicable federal legislative provisions, to which I have alluded, simply confer concurrent jurisdiction with respect to suits or proceedings for copyright infringement.
In any event, the crux of the whole case, as it seems to me, is whether the plaintiff and indeed the Crown are "individuals" within the contempla tion of subsection 15(1) of the Charter.
In Milk Bd. v. Clearview Dairy Farm Inc., the British Columbia Court of Appeal held that a corporation was not within subsection 15(1) of the Charter because it was not an individual. The same theme was further elaborated in R. v. Stod- dart (1987), 37 C.C.C. (3d) 351 (Ont. C.A.), by Tarnopolsky J.A., at page 360:
The rights set out in s. 15(1) are those of "every individual". This is the only provision in the Charter which grants rights to "every individual". That term was specifically substituted by the Special Joint Committee of the Senate and House of Commons, for the term "everyone", used in the original Chart er proposal of October, 1980: see "Minutes of Proceedings and Evidence", 1980-81, January 29, 1981.
The term "individual" is defined in the Oxford English Dictionary as "a single human being; as opposed to society, the family, etc." Similarly, Black's Law Dictionary defines the term as follows:
As a noun, this term denotes a single person as distin guished from a group or class, and also, very commonly, a private or natural person as distinguished from a partnership, corporation, or association; but it is said that this restrictive signification is not necessarily inherent in the word, and that it may, in proper cases, include artificial persons.
In fact the jurisprudence has been fairly consistent that the term relates only to human beings and does not include corpo rations ....
The learned Judge then proceeded to consider the issue of whether the term "individual" in subsec tion 15 (1) of the Charter includes the Crown and, after reviewing the Zutphen case and other authorities, concluded at page 362 as follows:
The Crown is not an "individual" with whom a comparison can be made to determine a s. 15(1) violation.
In Rudolph Wolff & Co. v. Canada (1987), 26 C.P.C. (2d) 166 (Ont. H.C.) [affd March 7, 1988, Ont. C.A.], the plaintiff sued the federal Crown in the Supreme Court of Ontario for damages for breach of contract, breaches of fiduciary duties and misrepresentation. The defendant brought a motion to strike on the ground that jurisdiction to entertain the suit lay in the Federal Court of Canada by virtue of subsection 17(1) of the Fed eral Court Act. The plaintiff argued that the conferring of exclusive jurisdiction on the Federal Court breached the plaintiff's equality rights under section 15 of the Charter, citing in support the case of Zutphen, supra. Henry J., after care fully reviewing the cases of Zutphen and Stoddart and other authorities, stated the following conclu sion, at page 173:
In my opinion the decision of the Court of Appeal in Stoddart stands for the proposition that in the application of statutes governing the relationship between the Crown and the subject in both civil and criminal proceedings, s. 15(1) of the Charter has no application, for the reason that the Crown is not an individual who can be compared with the subject for the purposes of that provision.
Suffice it to say, I fully concur with the opinions expressed by Mr. Justice Tarnopolsky and Mr. Justice Henry in Stoddart and Rudolph Wolff & Co. respectively. In my view, the case of Andrews v. Law Society of British Columbia, supra, does not stand for the proposition propounded by the plaintiff. Moreover, I fail to see how the cases of Verreault (J.E.) & Fils Ltée v. Attorney General (Quebec), supra, and Attorney General of Quebec v. Labrecque et al., supra, lend any measure of support to the plaintiff's position.
For the foregoing reasons, I am bound to con clude that the Trial Division of the Federal Court of Canada is lacking in jurisdiction to entertain the plaintiff's action for copyright infringement. The defendants' motion for dismissal is therefore grant ed with costs, and an order will issue accordingly.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.