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Black v. Canada (Prime Minister), 54 OR (3d) 215


B wants to be a peer in UK and argues that but for the PM’s intervention the Queen would have allowed this. B sues for negligent misrepresentation


If Parliament has left a gap in its grant of statutory jurisdiction to the Federal Court, then superior courts have this residual power over fed matters


Federal courts and courts of provinces (under Fed Court Act) have concurrent jurisdiction to entertain claims for relief against the Crown.
Rule 21.01(1)(3)(a) of Civ Pro – allow court to dismiss an action on the ground “the court has no jurisdiction over the subject matter of the action.”
18(1) of Fed Court Act gives Fed Court exclusive jurisdiction to grant relief against any “fed board, commission or other tribunal” = means any body or person having powers conferred under and Act of Parl or by or under any order made pursuant to prerogative of the Crown.


Appeal by B dismissed bc question is not justiciable. Cross-appeal dismissed – had the matter been justiciable, it would have fallen w/in jurisdiction of Superior Court of Ontario and not the Federal Court

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