Morin v. Canada

Morin v. Canada

Plaintiff failed to establish any actionable fault by Crown servants; the disputed immigration decisions were made in accordance with statutory provisions and cannot form the basis of a tort claim; there is no genuine issue for trial, so summary judgment dismissing the action with costs is required.

Source-derived case information.

Citation
2013 FC 670
Parties
Plaintiff (respondent): Aurèle Morin; Defendant (moving Party): Her Majesty the Queen
Court
Federal Court
Jurisdiction
Canada
Judgment Date
18 June 2013
Procedural Posture
Civil Action Damages (immigration) / Motion for Summary Judgment
Outcome
Defendant's motion for summary judgment granted; plaintiff's action dismissed with costs.
Legal Topics
Spousal Sponsorship, Temporary Resident Visa, Permanent Residence, Judicial Review, Duty of Care, Crown Liability, Summary Judgment
Source Language
english
Immigration Law Administrative Law Tort Law Civil Procedure Spousal Sponsorship Temporary Resident Visa Permanent Residence Judicial Review +3 more

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Parties

Aurèle Morin

Plaintiff (respondent)

Her Majesty the Queen

Defendant (moving Party)

Procedural Posture

Civil Action Damages (immigration) / Motion for Summary Judgment

Legal Issues

  1. 1 Whether there is a genuine issue for trial
  2. 2 Whether immigration officers committed actionable fault giving rise to Crown liability
  3. 3 Whether grounds for judicial review can sustain a damages action

Ratio Decidendi

Plaintiff failed to establish any actionable fault by Crown servants; the disputed immigration decisions were made in accordance with statutory provisions and cannot form the basis of a tort claim; there is no genuine issue for trial, so summary judgment dismissing the action with costs is required.

Court Disposition

Defendant's motion for summary judgment granted; plaintiff's action dismissed with costs.

Orders

  • The defendant’s motion for summary judgment is granted.
  • The plaintiff’s action against the defendant dated March 12, 2012 is dismissed.