36465    Corporation of the City of Windsor v. Canadian Transit Company

Courts — Jurisdiction — Constitutional law — Federal Paramountcy — Interjurisdictional Immunity

The respondent Canadian Transit Company (“CTC”) owns and operates the bridge spanning between Windsor and Detroit. It plans to build another bridge and purchased land in Windsor. The applicant, the Corporation of the City of Windsor (“City”) alleges the properties have not been properly maintained and under its by-laws issued repair orders against CTC’s 114 properties.

CTC applied to the Federal Court. In its notice of application, CTC seeks a declaration that the City’s by-law “does not apply to properties purchased, leased or otherwise acquired and held” by it, including the 114 properties. 

The City bought a motion to strike the application in the Federal Court. The Federal Court allowed the motion. The Federal Court of Appeal allowed the appeal, set aside the judgment of the Federal Court and dismissed the motion to strike.