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The Federal Court dismissed a judicial review of the Public Order Emergency Proclamation, finding the applicants lacked standing and declining to reach the merits.
The Federal Court held that two applicants had standing, heard a moot challenge to the federal emergency measures, and declared the proclamation, regulations, and order unlawful and partly Charter-infringing.
The Court of Appeal allowed the Province’s appeals, holding that private nuisance did not lie for purely regulatory emergency-power decisions that directly affected access to property.
The Federal Court dismissed a motion to amend a judicial review application, finding the request sought a Rule 317 fishing expedition into a separate later GIC decision.
The court held that COVID-19 emergency order MO86 suspended the Builders Lien Act limitation period, and MO98 did not retroactively cancel that suspension.
The court held that a 20-day suspension under Ministerial Order M086 extended the Builders Lien Act deadline, so the CPL was timely and the strike application failed.
The Supreme Court of Canada held that Order-in-Council P.C. 1292 was ultra vires because the Transitional Powers Act did not authorize expropriation of barley or fixing compensation by regulation.
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