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Canada Case Law

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Administrative law 2025 BCSC 2456

Epic West Helicopters Inc. v. Canada (Border Services Agency)

The court struck a claim over alleged helicopter damage during a CBSA detector-dog search, holding the three-month Customs Act limitation period had expired.

  • Statutory limitation
  • Misfeasance in public office
  • Negligence
  • Negligent misrepresentation
  • Discoverability
  • Customs inspections
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Civil procedure 2025 BCCA 445

Knight v. British Columbia (Public Safety)

Leave to appeal from case planning conference orders was denied, and the no-fee application was also dismissed, because the proposed appeal lacked merit and would delay trial.

  • Leave to appeal
  • Case management/case planning conference
  • Particulars and pleadings
  • Examinations for discovery
  • No-fee application under court of appeal rules r.85(6)
  • Vicarious liability
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Civil procedure 2025 BCSC 1643

Knight v. British Columbia (Public Safety)

At a case planning conference, the court ordered amended document redactions and required the plaintiff to plead particulars of alleged RCMP torts, while refusing broader discovery and settlement directions.

  • Case management
  • Document discovery and redactions
  • Examinations for discovery
  • Particulars and pleading sufficiency
  • Operations manual disclosure
  • Trial scheduling and mode
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Administrative law 2025 FC 572

Mohammad v. McGill University

The Federal Court dismissed a reconsideration motion as a disguised appeal, found no basis for an oral hearing, and dismissed the action for lack of jurisdiction.

  • Reconsideration
  • Striking statement of claim
  • Jurisdiction
  • Leave to amend
  • Rule 397(1)
  • Oral-hearing
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Administrative law 2025 FC 301

Mohammad v. McGill University

The Federal Court struck an amended claim over alleged research misconduct at McGill University, finding no reasonable cause of action, no standing, and no curable defect.

  • Motion to strike
  • Standing
  • Duty of care
  • Declaratory relief
  • Injunctive relief against the crown
  • Leave to amend
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Administrative law 2024 FCA 207

Canada (Attorney General) v. St-Onge

The Board's decision was unreasonable because it failed to identify the precise cause of action and its constituent elements as required to determine whether the cause of action arose in a province under s.32; the Federal Court of Appeal granted the application, set aside the Board decision and remitted the matter for redetermination with direction that the Board decide the relevant cause of action and whether its elements all arose in a province.

  • Overpayment recovery
  • Limitation period selection under s.32 crown liability and proceedings act
  • Financial administration act s.155(3) recovery mechanism
  • Cause of action location
  • Collective agreement interpretation
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Federal court procedure 2024 FC 1250

Collins v. Canada (Attorney General)

The Federal Court struck the Statement of Claim against the Attorney General without leave to amend, removed the action from simplified procedure, and awarded $500 costs.

  • Motion to strike
  • Jurisdictional limits (s.17 fca)
  • Vicarious liability
  • Simplified action rules (rules 294-299)
  • Costs
  • Systemic bias allegations
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Class actions 2023 FC 1331

Dugas v. Canada (Attorney General)

The Federal Court granted Canada’s motion to delay filing a statement of defence until after the certification motion in this proposed class proceeding.

  • Deferral of statement of defence
  • Certification of class proceeding
  • Judicial discretion under federal courts rules
  • Application of crown liability and proceedings act s.9
  • Pre-certification case management
  • Class-actions
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Tort 2023 BCSC 1641

BC1178980 v. British Columbia

The court struck a claim by licensed cannabis retailers, finding the Province owed no private duty of care to enforce the CCLA against unlicensed sellers on reserves.

  • Duty of care
  • Negligence
  • Negligent misrepresentation
  • Statutory discretion
  • Proximity
  • Anns/cooper test
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Civil procedure 2023 FCA 67

Rebello v. Canada (Justice)

The appeal is dismissed because the Federal Court correctly struck the Statement of Claim and Amended Statement of Claim without leave to amend: the pleadings were incurably deficient and disclosed no reasonable cause of action (provincial actors are not federal Crown servants and funding alone does not establish a duty of care); any procedural fairness concern about the videoconference hearing was immaterial because the result was inevitable and remediation would be futile.

  • Striking pleadings
  • Procedural fairness in hearings
  • Videoconference hearing procedure
  • Duty of care and proximity
  • Agency and crown servants
  • Misfeasance in public office
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.