Date: 19980917
Docket: A-535-97
CORAM: DESJARDINS, J.
DÉCARY, J.
NOËL, J.
BETWEEN:
THE CANADIAN SHIPOWNERS ASSOCIATION
UPPER LAKES SHIPPING LIMITED
ALGOMA CENTRAL CORPORATION
SEAWAY SELF UNLOADERS
SEAWAY BULK CARRIERS
-and-
N.M. PATERSON & SONS LIMITED
Appellants (Applicants)
AND
HER MAJESTY IN RIGHT OF CANADA
-and-
THE ATTORNEY GENERAL OF CANADA
Respondents (Respondents)
Heard at Montreal, Quebec on Thursday, September 17, 1998
JUDGMENT delivered at Montreal, Quebec on Thursday, September 17, 1998
REASONS FOR JUDGMENT BY: DESJARDINS, J.
Date: 19980917
Docket: A-535-97
CORAM: DESJARDINS, J.
DÉCARY, J.
NOËL, J.
BETWEEN:
THE CANADIAN SHIPOWNERS ASSOCIATION
UPPER LAKES SHIPPING LIMITED
ALGOMA CENTRAL CORPORATION
SEAWAY SELF UNLOADERS
SEAWAY BULK CARRIERS
-and-
N.M. PATERSON & SONS LIMITED
Appellants (Applicants)
AND
HER MAJESTY IN RIGHT OF CANADA
-and-
THE ATTORNEY GENERAL OF CANADA
Respondents (Respondents)
REASONS FOR JUDGMENT
(Delivered from the Bench at Montreal,
on September 17, 1998)
DESJARDINS, J.
We are in substantial agreement with the reasons for judgment given by Rouleau J. After having considered the matter, we can do no better than restate his conclusion at page 7 of his reasons:
| ... impliedly contained within legislation"s discretionary power to create classes of uses, is the Governor in Council"s power to include or exclude certain types of ships from payment of fees for valid considerations |
| ... |
| I am satisfied therefore that the evidence does not support any allegation of discrimination concerning the fee structure and mode of imposition contained in the Regulations. In all cases, it is clear that the Regulations were made for valid reasons and in good faith. |
This appeal will therefore be dismissed with costs.
Alice Desjardins
J.A.
Date: 19980917
Docket: A-535-97
BETWEEN:
THE CANADIAN SHIPOWNERS ASSOCIATION
UPPER LAKES SHIPPING LIMITED
ALGOMA CENTRAL CORPORATION
SEAWAY SELF UNLOADERS
SEAWAY BULK CARRIERS
-and-
N.M. PATERSON & SONS LIMITED
Appellants (Applicants)
AND:
HER MAJESTY IN RIGHT OF CANADA
-and-
THE ATTORNEY GENERAL OF CANADA
Respondents (Respondents)
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: A-535-97
APPEAL FROM THE JUDGMENT OF THE TRIAL DIVISION OF THE FEDERAL COURT OF CANADA, DELIVERED ON JULY 18, 1997. NO. T-1530-96
| STYLE OF CAUSE: THE CANADIAN SHIPOWNERS ASSOCIATION UPPER LAKES SHIPPING LIMITED |
| ALGOMA CENTRAL CORPORATION |
| SEAWAY SELF UNLOADERS |
SEAWAY BULK CARRIERS
-and-
N.M. PATERSON & SONS LIMITED
Appellants (Applicants)
AND
HER MAJESTY IN RIGHT OF CANADA
-and-
THE ATTORNEY GENERAL OF CANADA
Respodents (Respondents)
REASONS FOR JUDGMENT OF THE COURT (THE HONOURABLE MADAME JUSTICE DESJARDINS, THE HONOURABLE MR. JUSTICE DÉCARY AND THE HONOURABLE MR. JUSTICE NOËL)
DELIVERED FROM THE BENCH BY: The Honourable Madame Justice Desjardins
PLACE OF HEARING: Montreal (Quebec)
DATE OF HEARING: September 17, 1998
REASONS FOR JUDGMENT OF DESJARDINS, J.
DATED: September 17, 1998
APPEARANCES:
Mr. Jacques A. Laurin for the Appellants
Mr. André L"Espérance for the Respondents
SOLICITORS OF RECORD:
LAURIN, LAMARRE & ASS.
Montreal (Quebec) for the Appellants
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa (Ontario) for the Respondents