50. Adventure Tours Inc v St John’s Port Authority1

Judicial review—application to strike—port authority powers

The applicant wrote to the St John’s Port Authority advising that he wished to resume providing a tour boat service and inquiring whether a licence was required. The Authority wrote back advising that they had agreements in place with other tour boat operators and were not accepting any further applications. The applicant brought an application for judicial review, arguing that the Authority had no right to require him to obtain a licence. The Authority brought this motion to strike the application.

51. Alcan Primary Metal v Groupe Maritime Verreault Inc2

Brokerage contract—Federal Court jurisdiction—Canadian maritime law

The parties had entered into a contract whereby the plaintiff was to be paid a commission in the event that it found a tug or tugs that met the needs of the defendant. The plaintiff claimed that it was owed commission under the contract and brought this action to recover the commission. The defendant responded by challenging the jurisdiction of the Federal Court. At first instance, the Motions Judge dismissed the motion on the ground that the contract was maritime in nature and fell within Canadian maritime law, such that the Federal Court had jurisdiction to hear the matter. The defendant appealed.