Thibeault v. Canada (Minister of Transport, Infrastructure and Communities) et al., [2015] F.T.R. TBEd. FE.046

• Judge: Martineau, J.
• Court: Federal Court (Canada)
• Case Date: January 28, 2015
• Jurisdiction: Canada (Federal)
• Citations: [2015] F.T.R. TBEd. FE.046;2015 FC 163

Thibeault v. Can., [2015] F.T.R. TBEd. FE.046

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Currently being edited for F.T.R. - judgment temporarily in rough form.

[English language version follows French language version]

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Temp. Cite: [2015] F.T.R. TBEd. FE.046

Sylvio Thibeault (demandeur) v. Le Ministre des Transports, de l'Infrastructure et des Collectivités et La Marina de la Chaudière Inc. (défendeurs)

(T-1068-13; T-1087-13; T-1086-13; 2015 CF 163; 2015 FC 163)

Indexed As: Thibeault v. Canada (Minister of Transport, Infrastructure and Communities) et al.

Federal Court

Martineau, J.

February 9, 2015.

Summary:

Marina del Chaudière inc. applied for approval of plans and site of three floating docks on the Chaudière River, and of mooring areas in the St. Lawrence River and the Chaudière River. Thibeault filed a notice of opposition with Navigable Waters Protection Program (NWPP), informing NWPP that he was the exclusive owner or occupant of the bed of the Chaudière River where Docks B and D and the mooring buoys in Zone 4 were to be installed, and that the Minister of Transport, Infrastructure and Communities lacked the authority to issue approvals concerning the Marina's floating docks because they were vessels rather than works under the Navigable Waters Protection Act. Thibeault also informed NWPP that he had anchored a ship (the floating structure) near the site planned by the Marina for Dock B, which he owned, for the purpose of performing work on his property. The Minister granted the Marina the approvals for each of the works listed in the application, including docks B and D and the Zone 4 mooring area. Thibeault applied for judicial review, seeking to set aside the approvals on the following grounds: (1) the Minister exceeded his jurisdiction when he found that docks B and D of the Marina were "works" within the meaning of the Act; (2) the Minister erred by not considering the ownership of the Chaudière River bed before issuing the approvals; (3) the Minister erred in his assessment of riparian rights; and (4) the actions of officials gave rise to a reasonable apprehension of bias, which vitiated the entire administrative process. The Minister raised the preliminary argument that Thibeault was a third party who was not directly affected by the approvals and therefore did not have the required interest under s. 18.1(1) of the Federal Courts Act to seek judicial review.

The Federal Court held that Thibeault, as the holder of riparian rights, was directly affected by the approvals and therefore had standing to bring the application. The court rejected Thibeault's arguments and dismissed the application.

Editor's note: For a related decision involving Thibeault that was delivered concurrently, see 475 F.T.R. 173.

Administrative Law - Topic 2088

Natural justice - Constitution of board or tribunal (considerations incl. bias) - Bias - Apprehension of - See paragraphs 45 to 48.

Administrative Law - Topic 2088.1

Natural justice - Constitution of board or tribunal (considerations incl. bias) - Prejudgment of matter - See paragraphs 45 to 48.

Courts - Topic 4071.4

Federal Court of Canada - Jurisdiction - Federal Court - Practice - Judicial review applications - Standing - See paragraphs 16 to 23.

Shipping and Navigation - Topic 7710

Harbours, docks, piers, canals, locks and bridges - General - Works - See paragraphs 24 to 44.

Waters - Topic 4703

Navigable waters - General - Works - See paragraphs 24 to 44.

Words and Phrases

Vessel - The Federal Court considered the meaning of this word as defined in s. 2 of the of the Navigable Waters Protection Act, R.S.C. 1985, c. N-22 - See paragraphs 24 to 26.

Words and Phrases

Work - The Federal Court considered the meaning of this word as defined in s. 2 of the Navigable Waters Protection Act, R.S.C. 1985, c. N-22 - See paragraphs 24 to 26.

Counsel:

Isabelle Pillet, for the applicant;

Mariève Sirois-Vaillancourt, for the respondent, Minister of Transport, Infrastructure and Communities;

François Marchand, for the respondent, Marina de la Chaudière Inc.

Solicitors of Record:

De Man, Pilotte, Montreal, Quebec, for the applicant;

William F. Pentney, Deputy Attorney General of Canada, Montreal, Quebec, for the respondent, Minister of Transport, Infrastructure and Communities;

Saint-Paul Law Firm, Quebec, Quebec, for the respondent, Marina de la Chaudière Inc.

This application was heard at Montreal, Quebec, on January 28, 2015, by Martineau, J., of the Federal Court, who delivered the following judgment and reasons on February 9, 2015.