Date: 19980115
Docket: A-979-96
CORAM: MARCEAU J.A.
DESJARDINS J.A.
LÉTOURNEAU J.A.
BETWEEN:
BENNY ABDENBI BARROUK,
Appellant,
- and -
BRENDA J. CROWTHER,
DRIVER OF TRANSPORTATION VEHICLE,
LICENCE NO. 15D 111
SYNCRUDE CANADA: 61.97% INC. AND 38.03% LTD.
- ESSO RESOURCES CANADA LTD.
- PETRO CANADA
- HER MAJESTY THE QUEEN IN RIGHT OF
THE PROVINCE OF ALBERTA
- ALBERTA ENERGY COMPANY
- CANADIAN OCCIDENTAL PETROLEUM
- GULF CANADA RESOURCES LTD.
- DOME PETROLEUM
- PAN CANADIAN PETROLEUM LTD.
THEIR AUTOMOBILE THIRD-PARTY LIABILITY INSURANCE
GUARDIAN INSURANCE COMPANY
OF CANADA POLICY NO. 88.29.847,
MINIMUM THIRD-PARTY LIABILITY OF 3 MILLION,
FILE NO. 178951 R.B.D. (C.R.)
VEHICLE LICENCE 15D 111,
ADJUSTER GORDON SEANOR,
- and -
DARREN J. GIBBS, DRIVER OF VEHICLE
NO. JMM 164
HIS INSURANCE LIBERTY MUTUAL INS. GROUP,
POLICY NO. A.C. 2.271681054007023,
MINIMUM THIRD-PARTY LIABILITY OF 1 MILLION,
VEHICLE LICENCE JMM 164,
ADJUSTERS MARG OUDKERK AND ANNE PATERSON,
FILE NO. 1204 P.J.M.,
Respondents.
Hearing held at Calgary, Alberta on Thursday, January 15, 1998.
Judgment delivered from the bench on Thursday, January 15, 1998.
REASONS FOR JUDGMENT OF THE COURT BY: MARCEAU J.A.
Date: 19980115
Docket: A-979-96
CORAM: MARCEAU J.A.
DESJARDINS J.A.
LÉTOURNEAU J.A.
BETWEEN:
BENNY ABDENBI BARROUK,
Appellant,
- and -
BRENDA J. CROWTHER,
DRIVER OF TRANSPORTATION VEHICLE,
LICENCE NO. 15D 111
SYNCRUDE CANADA: 61.97% INC. AND 38.03% LTD.
- ESSO RESOURCES CANADA LTD.
- PETRO CANADA
- HER MAJESTY THE QUEEN IN RIGHT OF
THE PROVINCE OF ALBERTA
- ALBERTA ENERGY COMPANY
- CANADIAN OCCIDENTAL PETROLEUM
- GULF CANADA RESOURCES LTD.
- DOME PETROLEUM
- PAN CANADIAN PETROLEUM LTD.
THEIR AUTOMOBILE THIRD-PARTY LIABILITY INSURANCE
GUARDIAN INSURANCE COMPANY
OF CANADA POLICY NO. 88.29.847,
MINIMUM THIRD-PARTY LIABILITY OF 3 MILLION,
FILE NO. 178951 R.B.D. (C.R.)
VEHICLE LICENCE 15D 111,
ADJUSTER GORDON SEANOR,
- and -
DARREN J. GIBBS, DRIVER OF VEHICLE
NO. JMM 164
HIS INSURANCE LIBERTY MUTUAL INS. GROUP,
POLICY NO. A.C. 2.271681054007023,
MINIMUM THIRD-PARTY LIABILITY OF 1 MILLION,
VEHICLE LICENCE JMM 164,
ADJUSTERS MARG OUDKERK AND ANNE PATERSON,
FILE NO. 1204 P.J.M.,
Respondents.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Calgary, Alberta
on Thursday, January 15, 1998)
MARCEAU J.A.
[1] After being an injured third party in a serious automobile accident that left him injured and disabled, the appellant tried to assert his rights in the courts of Alberta under the private common law of Alberta. His attempts were unsuccessful. He claims to have been rebuffed by all: by the provincial courts, lawyers for the Province, the owners of the two automobiles, one of which is even his employer, the drivers of the two vehicles, their insurers, and so on. He then thought he should bring an action for damages in the Federal Court of Canada against a number of defendants. The Trial Judge dismissed this action for want of jurisdiction, and the appellant appeals that decision.
[2] The Trial Judge was clearly right. None of the parties being sued is within the Federal Court"s jurisdiction and none of the problems the appellant claims to have encountered in trying to assert his rights can be among the matters the Federal Court is empowered to consider and resolve. The appellant must realize and must fully understand that a Court with a specific, well-defined jurisdiction, like the Federal Court, is definitely not in a position to act outside the limits of the mandate granted to it by Parliament and the powers conferred on it for discharging that mandate.
[3] Despite the care the appellant took in preparing his case, we can only dismiss the appeal.
Louis Marceau
J.A.
Certified true translation
Stephen Balogh
FEDERAL COURT OF APPEAL
Date: 19980115
Docket: A-979-96
BETWEEN:
BENNY ABDENBI BARROUK,
Appellant,
- and -
BRENDA J. CROWTHER,
DRIVER OF TRANSPORTATION VEHICLE,
LICENCE NO. 15D 111
SYNCRUDE CANADA: 61.97% INC. AND 38.03% LTD.
- ESSO RESOURCES CANADA LTD.
- PETRO CANADA
- HER MAJESTY THE QUEEN IN RIGHT OF
THE PROVINCE OF ALBERTA
- ALBERTA ENERGY COMPANY
- CANADIAN OCCIDENTAL PETROLEUM
- GULF CANADA RESOURCES LTD.
- DOME PETROLEUM
- PAN CANADIAN PETROLEUM LTD.
THEIR AUTOMOBILE THIRD-PARTY LIABILITY INSURANCE
GUARDIAN INSURANCE COMPANY
OF CANADA POLICY NO. 88.29.847,
MINIMUM THIRD-PARTY LIABILITY OF 3 MILLION,
FILE NO. 178951 R.B.D. (C.R.)
VEHICLE LICENCE 15D 111,
ADJUSTER GORDON SEANOR,
- and -
DARREN J. GIBBS, DRIVER OF VEHICLE
NO. JMM 164
HIS INSURANCE LIBERTY MUTUAL INS. GROUP,
POLICY NO. A.C. 2.271681054007023,
MINIMUM THIRD-PARTY LIABILITY OF 1 MILLION,
VEHICLE LICENCE JMM 164,
ADJUSTERS MARG OUDKERK AND ANNE PATERSON,
FILE NO. 1204 P.J.M.,
Respondents.
REASONS FOR JUDGMENT
OF THE COURT
| NAMES OF COUNSEL AND SOLICITORS OF RECORD |
|
| STYLE OF CAUSE: BENNY ABDENBI BARROUK v. BRENDA J. CROWTHER ET AL. |
|
| PLACE OF HEARING: CALGARY, ALBERTA |
|
| DATE OF HEARING: JANUARY 15, 1998 |
|
| REASONS FOR JUDGMENT OF MARCEAU, DESJARDINS AND LÉTOURNEAU JJ.A. |
|
| DELIVERED FROM THE BENCH BY: MARCEAU J.A. |
|
| BENNY ABDENBI BARROUK THE APPELLANT |
|
| BRAD HARDSTAFF AND FOR THE RESPONDENT |
|
| CALGARY, ALBERTA FOR THE APPELLANT |
|
| DEPUTY ATTORNEY GENERAL OF CANADA |
|
| OTTAWA, ONTARIO FOR THE RESPONDENT |
|
Email this Content