9255-2504 Québec Inc. c. Canada (Procureur général)

9255-2504 Québec Inc. c. Canada (Procureur général)

The Federal Court of Appeal dismissed the appeal because the Federal Court correctly applied the general rule of remittal under Vavilov: given the broad discretionary power conferred on the Minister by s.64(1) and the record, the matter did not admit a single reasonable outcome and therefore the court should not...

Source-derived case information.

Citation
2025 CAF 23
Parties
Appellant: 9255-2504 Québec Inc.; 142550 Canada Inc.; Grand Boisé de la Prairie Inc.; Respondent: Le procureur général du Canada; Respondent: Le ministre de l’environnement et du changement climatique
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
27 January 2025
Procedural Posture
Judicial Review of Administrative Decision / Appeal to the Federal Court of Appeal (judgment Rendered)
Outcome
Appeal dismissed with costs
Legal Topics
Judicial Review, Compensation Under S.64(1) of the Species at Risk Act, Discretionary Decision Making, Standard of Review, Remand Vs Substitution
Source Language
fr
Administrative Law Environmental Law Statutory Interpretation Property/expropriation Law Judicial Review Compensation Under S.64(1) of the Species at Risk Act Discretionary Decision Making Standard of Review +1 more

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Parties

9255-2504 Québec Inc.; 142550 Canada Inc.; Grand Boisé de la Prairie Inc.

Appellant

Le procureur général du Canada

Respondent

Le ministre de l’environnement et du changement climatique

Respondent

Procedural Posture

Judicial Review of Administrative Decision / Appeal to the Federal Court of Appeal (judgment Rendered)

  1. 1 Whether the Federal Court erred in refusing to substitute its own decision for the Minister with respect to the applicants' claim for compensation under s.64(1) of the Species at Risk Act
  2. 2 Whether the applicants' losses resulted from "consequences extraordinaires" attributable to the emergency decree
  3. 3 Whether the absence of regulations under s.64(2) prevents the Minister from exercising discretion under s.64(1)

Ratio Decidendi

The Federal Court of Appeal dismissed the appeal because the Federal Court correctly applied the general rule of remittal under Vavilov: given the broad discretionary power conferred on the Minister by s.64(1) and the record, the matter did not admit a single reasonable outcome and therefore the court should not substitute its own decision but remit the matter to the Minister for redetermination; additionally s.64(1) establishes a distinct compensation regime displacing common law expropriation and absence of regulations does not prevent the Minister from exercising discretion.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs