Docket: T-1467-25
Citation: 2026 FC 468
Toronto, Ontario, April 9, 2026
PRESENT: Madam Justice Whyte Nowak
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BETWEEN: |
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GCMR CONTRACTING INC |
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Applicant |
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and |
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MNP LTD
BRUNO PIETRO OLIVIERO
GEORGE NESBITT |
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Respondents |
JUDGMENT AND REASONS
[1] The Applicant, GCMR Contracting Inc. [Applicant], seeks judicial review of a decision of the Insolvency Trustee, MNP Ltd., dated April 1, 2025, disallowing the Applicant’s creditor’s claim [the Decision] pursuant to subsection 135(2) of the Bankruptcy and Insolvency Act, RSC 1985, c B-3 [Act].
[2] In advance of the hearing of this matter, I asked the parties to be prepared to address whether the Federal Court has jurisdiction to consider this matter. At the hearing, counsel for the Applicant conceded that his client, who at the time was acting as a self-represented litigant, had sought judicial review in the wrong court. I agree. Subsection 183(1) of the Act lists the courts that have jurisdiction over bankruptcy matters, all of which are provincial courts. In these circumstances, subsection 17(6) of the Federal Courts Act, RSC 1985, c F-7, is determinative and the Federal Court has no jurisdiction to entertain judicial review of the Decision.
[3] Only one of the named respondents, George Nesbitt, provided written representations on this application. He is entitled to his costs thrown away, which his counsel advised are $3,600 based on a calculation under Tariff B of the Federal Courts Rules, SOR/98-106. I agree that Mr. Nesbitt should have his costs, particularly since his counsel raised the issue of jurisdiction and the Applicant had ample opportunity in advance of the hearing to make the concession on jurisdiction to avoid the unnecessary waste of time and resources associated with the hearing which was scheduled for four hours.
[4] As this Court lacks jurisdiction to judicially review the Decision, this application is dismissed with costs to the respondent, George Nesbitt.
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