Canada Case Law

Sheldon v. Gougeon

Court

Nova Scotia Small Claims Court

The Small Claims Court lacks jurisdiction to hear the claim because the alleged conduct was by an RCMP officer acting in the course of his duties and there is no clear and unequivocal statutory language extending the Nova Scotia Small Claims Court's jurisdiction to hear claims against the Crown or Crown servants; accordingly the claim is dismissed for want of jurisdiction, following Thouin and provincial statutory limits.

Source excerpt

• Crown immunity
• Jurisdiction of small claims court
• Proceedings against the crown
• Police liability
• Interpretation of statute

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Bank of Montreal v. Gu

Court

Supreme Court of British Columbia

The court declared that s. 116 holdback funds not needed for Part I tax remain subject to the foreclosure sale order’s priorities and are not automatically refunded to the taxpayer.

• Section 116 income tax act holdback
• Section 164 income tax act refunds
• Priorities of court-ordered sale proceeds
• Jurisdiction to bind crown/cra
• Assignment of crown debt s.67 faa
• Crown immunity and injunctions

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Corrigan v. Ontario

Court

Court of Appeal for Ontario

The Court of Appeal allowed the Crown’s appeal and held that s.18(6) of the CLPA mandates that any action commenced without complying with s.18(1)’s notice requirement is a nullity from the time it was brought; the motion judge erred in denying the Crown’s motion based on delay or waiver because those considerations cannot override the statute; accordingly the statement of claim as against the Crown is struck and the action dismissed as a nullity.

Source excerpt

• Crown liability and proceedings act 2019 notice requirement
• Nullity of proceedings for non-compliance with statutory preconditions
• Noting in default and rules of civil procedure
• Estoppel and interaction with hrto proceedings

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Canada (Attorney General) v. Thouin

Court

Supreme Court of Canada

La Cour suprême juge que l’art. 27 de la CLPA ne lève pas clairement l’immunité de la Couronne contre la découverte lorsque la Couronne n’est pas partie.

• Crown immunity
• Discovery
• Statutory interpretation
• Proportionality in disclosure
• Crown-immunity
• Statutory-interpretation

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Quebec (Attorney General) v. Canada (Human Resources and Social Development)

Court

Supreme Court of Canada

The Supreme Court held that Quebec’s seizure exemption did not defeat the federal EI requirement-to-pay mechanism, and the provincial provision was inoperative under federal paramountcy.

• Federal paramountcy
• Interjurisdictional immunity
• Crown immunity
• Garnishment and seizure
• Statutory interpretation
• Federal-provincial legislative conflict

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Butterfield v. Canada (Attorney General)

Court

Federal Court of Appeal

The Assessment Officer did not commit a reviewable error: once costs were properly awarded by the trial judge and the Court of Appeal, the Assessment Officer was required to assess amounts under Column III of Tariff B and was not obliged to demand evidence of internal Crown invoicing or indemnification; the reductions made by the Assessment Officer were reasonable and the assessed amounts were not so unreasonable as to indicate an error in principle; accordingly the motion to review is dismissed and costs of $400 awarded to the Respondent.

Source excerpt

• Costs assessment
• Tariff b column iii
• Judicial review procedure
• Crown indemnification
• Federal courts rules

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British Columbia

British Columbia (Criminal Justice Branch) v. Davies

Court

Supreme Court of British Columbia

The court dismissed the Criminal Justice Branch’s judicial review and held the Frank Paul Inquiry could require disclosure, finding waiver of immunity and privilege.

• Crown immunity
• Solicitor-client privilege
• Prosecutorial discretion
• Waiver of privilege/immunity
• Standard of review
• Honour of the crown

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Momi v. Canada (Minister of Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed certification of a proposed class action over immigration application fees, holding the motion was premature and judicial review issues had to be addressed first.

• User fees and cost recovery
• Financial administration act s.19(2)
• Immigration and refugee protection regulations
• Judicial review versus action conversion
• Class certification requirements
• Statute of limitations/time bar

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Trevor Nicholas Construction Co. v. Canada (Minister for Public Works)

Court

Federal Court

The Federal Court dismissed an appeal from a costs assessment, holding that tariff-based awards to the Crown did not require disclosure of solicitor fees and that no error in principle was shown.

• Costs assessment
• Federal courts rules tariff b
• Crown liability and proceedings act s.28(2)
• Disclosure of solicitor fees
• Standard of review of quasi-judicial assessments
• Costs-assessment

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Volansky and Cowan v. Reid, Minister of Transportation for Province of BC

Court

Supreme Court of British Columbia

The petitioners sought interim relief to keep Arrow Lakes ferry service unchanged, but the court found no reviewable statutory decision and dismissed the motion.

• Judicial review
• Interim injunctive relief
• Declaratory relief
• Crown immunity and crown proceedings act
• Statutory authority
• Promises by government agency/agent

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