Case information

Charter of Rights — Municipal law — Taxation — Crown law — Real property and immovable — Crown liability — Applicant asserting her properties meet the definition of “federal property” under federal Payment in Lieu of Taxes Act — Municipality refusing to request payment in lieu of property taxes from federal government — Courts striking statement of claim for failure to disclose reasonable cause of action — Whether courts below abandoned rule of law and doctrine of stare decisis, failed to properly administer justice, and violated principles of fundamental justice and procedural equity — Whether courts below erred in striking claim within simplified action, without benefit of evidence and law — Whether courts below made unreasonable and ultra vires interpretations of federal statute, rather than recognizing novel issues of unsettled law — Whether property must be owned by Crown in order to meet statutory definition of “federal property” — Whether respondent engaged in malicious and improper conduct and made misrepresentations and false statements, in order to mislead courts — Whether applicant was denied access to justice as a self-represented litigant — Payments in Lieu of Taxes Act, R.S.C., 1985, c. M-13, s. 2(1) — Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50, s. 3.

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Ms. Joubarne is the owner of two properties, in the City of Belleville, which she asserts are “federal property” under the Payment in Lieu of Taxes Act. Ms. Joubarne requested that the City make an application under the Act to have her municipal property taxes owing paid by the federal government. When the City refused, Ms. Joubarne commenced a simplified action against the federal Crown, arguing that the City acts as its “servant”, thereby triggering liability under the Crown Liability and Proceedings Act. Ms. Joubarne sought declarations that her properties meet the definition of “federal property” under the Act; that she is entitled to relief from the City’s refusal to make an application under the Act; and that she is entitled to a refund for past property taxes paid. The respondent Her Majesty the Queen in Right of Canada brought a motion to strike Ms. Joubarne’s claim in its entirety, for failing to disclose a reasonable cause of action.

The Federal Court granted the motion, and struck Ms. Joubarne’s claim without leave to amend. The Federal Court of Appeal dismissed Ms. Joubarne’s appeal, and ordered costs against her.