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.
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)
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.
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.
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.
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.
Source excerpt
Overpayment recovery
Limitation period selection under s.32 crown liability and proceedings act
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.
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
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.
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.