MIL Davie Inc. v. Hibernia Management and Development Co.

This was a motion by the Defendant to strike the Statement of Claim as being outside the jurisdiction of the Federal Court. The Plaintiff relied on the Competition Act as the jurisdictional basis for the claim. The Plaintiff alleged that the Defendants engaged in anti-competitive behaviour, contrary to that Act, in the awarding of a construction contract. The Federal Court of Appeal reviewed the Statement of Claim and concluded that the Plaintiff had pleaded sufficient facts to invoke the Competition Act and the court’s jurisdiction. In the course of its reasons the Court noted that there was some confusion in the caselaw as to whether a motion challenging the court’s jurisdiction should be brought under Rule 401 or 419 and further noted that no evidence was generally allowed in a motion under Rule 419. The Court expressed the view that the prohibition against evidence in Rule 419(2) did not apply if the motion was to challenge the jurisdiction of the Court.