Judgment of the Court
The judgment of the Court was delivered by
31.1 (1) Any person who has suffered loss or damage as a result of
(a) conduct that is contrary to any provision of Part V, or
(b) the failure of any person to comply with an order of the Commission or a court under this Act,
may, in any court of competent jurisdiction, sue for and recover from the person who engaged in the conduct or failed to comply with the order an amount equal to the loss or damage proved to have been suffered by him, together with any additional amount that the court may allow not exceeding the full cost to him of any investigation in connection with the matter and of proceedings under this section.
(2) In any action under subsection (1) against a person, the record of proceedings in any court in which that person was convicted of an offence under Part V or convicted of or punished for failure to comply with an order of the Commission or a court under this Act is, in the absence of any evidence to the contrary, proof that the person against whom the action is brought engaged in conduct that was contrary to a provision of Part V or failed to comply with an order of the Commission or a court under this Act, as the case may be, and any evidence given in those proceedings as to the effect of such acts or omissions on the person bringing the action is evidence thereof in the action.
(3) For the purposes of any action under subsection (1), the Federal Court of Canada is a court of competent jurisdiction.
(4) No action may be brought under subsection (1),
(a) in the case of an action based on conduct that is contrary to any provision of Part V, after two years from
(i) a day on which the conduct was engaged in, or
(ii) the day on which any criminal proceedings relating thereto were finally disposed of,
whichever is the later; and
(b) in the case of an action based on the failure of any person to comply with an order of the Commission or a court, after two years from
(i) a day on which the order of the Commission or court was violated, or
(ii) the day on which any criminal proceedings relating thereto were finally disposed of,
whichever is the later.
Art. 1053. Every person capable of discerning right from wrong is responsible for the damage caused by his fault to another, whether by positive act, imprudence, neglect or want of skill.
1.Is s. 31.1(1)(a) of the Combines Investigation Act, R.S.C. 1970, c. C-23, as amended, ("the Act"), ultra vires the Parliament of Canada?
2.Is subsection 31.1(3) of the Act ultra vires the Parliament of Canada?
3.Has the Federal Court of Canada jurisdiction to hear a claim based both on s. 31.1(1)(a) of the Act and on art. 1053 of the Civil Code of Lower Canada?
With respect to the exercise of jurisdiction by the Federal Court of Canada under subsection 31.1(3) the prerequisite is that there be existing and applicable federal law which can be invoked to support proceedings before the Court: McNamara Construction (Western) Ltd. et al. v. The Queen, [1977] 2 S.C.R. 654; Quebec North Shore Paper Co. et al. v. Canadian Pacific Limited et al., [1977] 2 S.C.R. 1054. Since that prerequisite is here satisfied by the cause of action provided by subsection 31.1(1), the validity of subsection 31.1(3) follows from that of paragraph 31.1(1)(a).
Question 1.Is s. 31.1(1)(a) of the Combines Investigation Act, R.S.C. 1970, c. C-23, as amended, ("the Act"), ultra vires the Parliament of Canada?
Answer:No.
Question 2:Is subsection 31.1(3) of the Act ultra vires the Parliament of Canada?
Answer:No
Question 3:Has the Federal Court of Canada jurisdiction to hear a claim based both on s. 31.1(1)(a) of the Act and on art. 1053 of the Civil Code of Lower Canada?
Answer:The Federal Court of Canada is competent to hear a claim founded on s. 31.1(1)(a) of the Combines Investigation Act; the Court is not competent to hear a claim founded on art. 1053 of the Civil Code of Lower Canada.
Footnotes
- [1] *Le Dain J. took no part in the judgment.
Cases cited
- General Motors of Canada Limited v. City National Leasing ("GM") 1 S.C.R. 000
- 1 F.C. 184 1 F.C. 184
- 2 F.C. 40 2 F.C. 40
- McNamara Construction et al. v. The Queen item-2677-1977-01-25
- Quebec North Shore Paper v. C.P. Ltd. item-2669-1976-06-29