Canada Case Law

Ashurova v. Canada (Attorney General)

Court

Federal Court of Appeal

The Notice of Constitutional Question was disallowed because it was not properly served on provincial and territorial attorneys general, was inadequately pleaded, and was first raised on appeal; the CRA's November 20, 2023 decision denying CRCB was reasonable given the appellant conceded she was not working immediately prior to caring for her child and thus did not lose work hours under s.17 CRBA; there was no breach of procedural fairness by the CRA or reversible error by the Federal Court; appeal dismissed with costs to the respondent.

Source excerpt

• Canada recovery caregiving benefit
• Notice of constitutional question
• Standard of review (reasonableness/correctness)
• Procedural fairness
• Admissibility of evidence on judicial review
• Charter challenge

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Garnet Valley Agri-Tourism v. British Columbia (Ministry of Mining and Critical Minerals)

Court

Supreme Court of British Columbia

The permit was quashed because, on a holistic reasonableness review, the decision‑maker failed to provide a transparent, intelligible and defensible chain of reasoning: the record contains unrefuted expert evidence of likely irreversible ecological harm that the Reasons do not meaningfully address or reconcile with reliance on mitigation; the Reasons did not resolve competing factual submissions about applicable zoning and jurisdiction; the decision relies on unexplained or unavailable internal technical recommendations regarding slope stability; and the post‑decision Reasons materially intro…

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• Judicial review
• Reasonableness standard
• Procedural fairness
• Public consultation
• Environmental assessment
• Land-use planning

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Carvest Properties Limited v. The King

Court

Tax Court of Canada

The Tax Court dismissed the Crown’s Rule 58 motion as premature, finding discovery had not occurred and a disputed material fact could affect the trial.

• Self-supply
• Residential condominium vs multiple unit residential complex
• Fair market value valuation
• Tax court rule 58 determinations
• Settlement privilege
• Discovery and procedural prematurity

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Spennie Holdings Inc v. Canada (Attorney General)

Court

Federal Court

The Federal Court struck three judicial review applications challenging CRA tax-confirmation notices, holding the pleaded allegations of unfairness and sub-delegation were speculative and the Tax Court was the proper forum.

• Motion to strike
• Jurisdictional boundary between federal court and tax court
• Sub-delegation of administrative authority
• Adequacy of alternative remedies
• Costs assessment
• Motion-to-strike

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Herar v. Mission (City)

Court

Supreme Court of British Columbia

The court quashed a Mission council resolution censuring and sanctioning Councillor Herar, finding the complaint process denied procedural fairness and natural justice.

• Code of conduct
• Censure and sanctions
• Procedural fairness
• Natural justice
• Conflict of interest
• Disclosure and production

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Canadian Coalition for Firearm Rights v. Canada (Attorney General)

Court

Federal Court of Appeal

The Federal Court of Appeal dismissed the appeals: the GIC lawfully formed the opinion required by s.117.15(2) of the Criminal Code and could legitimately consider public safety and related factors; the Regulations are intra vires, the FRT is an administrative, non-delegatory interpretive tool and there was no unlawful subdelegation; the s.39 CEA certificate was properly issued and did not warrant an adverse inference; the Regulations are not unconstitutionally vague, overbroad or arbitrary and do not breach the Charter or the Bill of Rights.

Source excerpt

• Ultra vires
• Delegation / subdelegation
• Reasonableness review
• Cabinet confidentiality (s.39 cea)
• Vagueness and overbreadth
• Section 7 charter

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Heidelberg Materials Canada Limited v. Toronto Port Authority doing business as PortsToronto

Court

Federal Court

Judicial review of a CNWA approval for Cherry Street Bridge repairs was dismissed. The Court found the Minister’s decision reasonable and admitted limited affidavit evidence.

• Judicial review
• Reasonableness review (vavilov)
• Ministerial discretion
• Canadian navigable waters act s.7 approvals
• Evidence admissibility
• Judicial-review

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Paull v. Quesnel (City)

Court

Supreme Court of British Columbia

The court quashed April 30, 2024 municipal censure and sanction resolutions against Quesnel’s mayor for procedural unfairness, finding the notice and report were ambiguous.

• Censure and sanctions
• Procedural fairness
• Reasonableness review
• Notice and waiver
• Municipal procedure bylaw
• Code of conduct compliance

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Preston v. Canada (Attorney General)

Court

Federal Court

The Federal Court granted judicial review, finding the CRA’s CRB decision unreasonable for lacking justification and transparency in disallowing PEI program income.

• Canada recovery benefit eligibility
• Canada emergency response benefit remission
• Reasonableness review (vavilov)
• Procedural fairness
• Case notes/streaming bias
• T1 adjustment and net self-employment income

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Dmitrienko v. Canada (Attorney General)

Court

Federal Court of Appeal

The Appeal Panel’s reconsideration decision was unreasonable because it failed to address material evidence—specifically Dr. Stuart’s report—on the central issue of causation; under Vavilov and s.39 of the VRAB Act the Panel was required to engage with that evidence, and the proper remedy is remittal to a differently constituted Appeal Panel for a fresh hearing.

Source excerpt

• Reasonableness standard
• Duty to provide reasons
• Vavilov principles
• Causation in medical evidence
• Remittal

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