Wojdan v. Canada

Wojdan v. Canada

The motion for interim injunctive relief was dismissed because the plaintiffs delayed in bringing the equitable relief and, critically, the Court lacked jurisdiction to grant the requested stay given that impugning a federal policy is a remedy that must ordinarily be pursued by application for judicial review under the Federal Courts Act; additionally, employment-related remedies may be barred by the exclusive FPSLRA grievance scheme.

Citation
2021 FC 1244
Parties
Plaintiffs: Adam Wojdan et al.; Defendants: Her Majesty the Queen, Attorney General of Canada, Treasury Board of Canada, Canada Border Services Agency, Correctional Service of Canada, Royal Canadian Mounted Police, Department of Employment and Social Development
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 November 2021
Procedural Posture
Constitutional Challenge and Action for Damages / Motion for Interim Injunction (interim Relief Sought and Dismissed)
Outcome
Plaintiffs' motion for interim injunctive relief dismissed without costs
Legal Topics
Interim Injunction, Vaccination Policy, Charter Rights, Jurisdiction, Judicial Review Vs Action, Statutory Ouster (fpslra)
Source Language
English
Administrative Law Constitutional Law Employment Law Public Law Remedies Interim Injunction Vaccination Policy Charter Rights +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Adam Wojdan et al.

Plaintiffs

Her Majesty the Queen, Attorney General of Canada, Treasury Board of Canada, Canada Border Services Agency, Correctional Service of Canada, Royal Canadian Mounted Police, Department of Employment and Social Development

Defendants

Procedural Posture

Constitutional Challenge and Action for Damages / Motion for Interim Injunction (interim Relief Sought and Dismissed)

Legal Issues

  1. 1 Whether there is a serious issue to be tried on Charter and common law challenges to the Vaccination Policy
  2. 2 Whether the plaintiffs demonstrated urgency and absence of delay sufficient for equitable interim relief
  3. 3 Whether the Federal Court has jurisdiction to grant the requested interim injunction given remedial distinctions between actions and judicial review under the Federal Courts Act

Ratio Decidendi

The motion for interim injunctive relief was dismissed because the plaintiffs delayed in bringing the equitable relief and, critically, the Court lacked jurisdiction to grant the requested stay given that impugning a federal policy is a remedy that must ordinarily be pursued by application for judicial review under the Federal Courts Act; additionally, employment-related remedies may be barred by the exclusive FPSLRA grievance scheme.

Court Disposition

Plaintiffs' motion for interim injunctive relief dismissed without costs

Orders

  • The Plaintiffs' motion for interim injunctive relief is dismissed, without costs.