A-373-93
LINDEN, J.A.
ROBERTSON, J.A.
IN THE MATTER OF The Federal Court Act R.S., 1985, c. F-7 and amendments thereto;
AND IN THE MATTER OF The Memorial University of Newfoundland Act, S.N. 1949 and amendments thereto;
AND IN THE MATTER OF The British Columbia North America Acts (Constitution Acts) 1867-1982
AND IN THE MATTER OF The Canadian Bill of Rights, S.C. 1960, c. 44. and amendments thereto;
AND IN THE MATTER OF The Criminal Code of Canada (R.S.C. 1985 C-34 and amendments thereto);
AND IN THE MATTER OF The Trade Unions Act (R.S.C. T-11 s 1);
AND IN THE MATTER OF The Exchequer Court of Canada Act, R.S.C. 1970;
AND IN THE MATTER OF The Crown Liabilities Act, R.S.C. 1985;
AND IN THE MATTER OF Magna Carta;
AND IN THE MATTER OF The Common Law.
B E T W E E N:
LESLIE ARTHUR MULHOLLAND
Appellant
-and-
HER MAJESTY THE QUEEN
Respondent
HEARD at Toronto, Ontario, Thursday, June 26, 1997.
JUDGMENT delivered from the Bench at Toronto, Ontario, on Thursday, June 26, 1997.
REASONS FOR JUDGMENT OF THE COURT BY: STONE, J.A.
A-373-93
LINDEN, J.A.
ROBERTSON, J.A.
IN THE MATTER OF The Federal Court Act R.S., 1985, c. F-7 and amendments thereto;
AND IN THE MATTER OF The Memorial University of Newfoundland Act, S.N. 1949 and amendments thereto;
AND IN THE MATTER OF The British Columbia North America Acts (Constitution Acts) 1867-1982
AND IN THE MATTER OF The Canadian Bill of Rights, S.C. 1960, c. 44. and amendments thereto;
AND IN THE MATTER OF The Criminal Code of Canada (R.S.C. 1985 C-34 and amendments thereto);
AND IN THE MATTER OF The Trade Unions Act (R.S.C. T-11 s 1);
AND IN THE MATTER OF The Exchequer Court of Canada Act, R.S.C. 1970;
AND IN THE MATTER OF The Crown Liabilities Act, R.S.C. 1985;
AND IN THE MATTER OF Magna Carta;
AND IN THE MATTER OF The Common Law.
B E T W E E N:
LESLIE ARTHUR MULHOLLAND
Appellant
-and-
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
| on Thursday, June 26, 1997) |
STONE, J.A.:
The appellant seeks the reversal of the order of the Associate Chief Justice of May 17, 1993, upholding the order of the Associate Senior Prothonotary of May 3, 1993 striking out the appellant's Statement of Claim. In that action the appellant claimed damages and other relief against the respondent arising out of the alleged termination of his employment as a full professor with Memorial University of Newfoundland at St. John's and the revocation of tenure.
We are all of the view that this appeal must be dismissed on the ground that the Trial Division is without jurisdiction to entertain the action. One of the three essential requirements for the existence of jurisdiction in the Court is that the claim be founded upon an existing body of "federal law" which is essential to the disposition of the case: ITO-International Terminal Operators Ltd v Miida Electronics Inc., [1986] 1 S.C.R. 752 (S.C.C.), at page 766.
Whatever may be the merit of the appellant's claim on the action (as to which we express no opinion), in our view it is clearly not founded on any "federal law".
The appeal will be dismissed.
"A.J. Stone"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: A-373-93
| STYLE OF CAUSE: LESLIE ARTHUR MULHOLLAND |
- and -
DATE OF HEARING: JUNE 26, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: STONE, J.A.
Delivered from the Bench at Toronto, Ontario
on Thursday, June 26, 1997
APPEARANCES:
Mr. Leslie Arthur Mulholland
For the Appellant
Ms. Claire LeRiche
For the Respondent
SOLICITORS OF RECORD:
Leslie Arthur Mulholland
23 High Park Boulevard,
3rd Floor, Unit 2
Toronto, Ontario
M6R 1M6
For the Appellant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No.: A-373-93
Between:
Appellant
- and -
Respondent
Email this Content