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The Federal Court dismissed GCMR Contracting Inc.'s judicial review application for lack of jurisdiction and awarded George Nesbitt $3,600 in costs.
The Federal Court lacks jurisdiction over the alleged conduct of provincial court officials absent a federal statutory grant; the notices of application implicated matters beyond the Federal Court's jurisdiction and were properly removable under rule 74, which permits removal at any time subject to providing parties an opportunity to be heard; therefore the appeals seeking to set aside the removal orders are dismissed.
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The Federal Court granted default judgment against Vancouvercruises.com Charters Ltd. for ship repair debts and refused in rem judgment against the vessels for defective service.
La Cour fédérale rejette le contrôle judiciaire du Théâtre du Rideau Vert comme tardif, concluant aussi subsidiairement à l’absence de compétence et au rejet au fond.
The Federal Court of Appeal held that the Federal Court lacked jurisdiction to judicially review the grassroots Declaration under Nekaneet Constitution s.8.07 because the Declaration is not a decision of a 'federal board, commission or other tribunal' and the matter was not appropriately characterized as quo warranto; alternatively, the Federal Court should have declined relief because the Nekaneet Appeal Body had exclusive jurisdiction and administrative remedies were not exhausted. Consequently the Federal Court judgment and the costs order were set aside and each party must bear its own co…
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The Federal Court struck Phong Lam’s claim against the Law Society of Ontario without leave to amend, finding no jurisdiction and a vexatious, scandalous pleading.
The Federal Court granted declaratory relief in a judicial-vacancy case, but dismissed mandamus. It held the legal duty to appoint lay with non-parties, not the named respondents.
The Federal Court declared Mr. Mitchell a vexatious litigant under s. 40 of the Federal Courts Act, stayed his pending matters, and restricted future filings absent leave.
The Pentney Order denying the appellant permission to proceed amounted substantively to a decision under subsection 40(4) of the Federal Courts Act and is therefore not appealable under subsection 40(5); accordingly the appeal is summarily dismissed for want of jurisdiction and the Notice of Appeal is removed from the Court record.
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The Federal Court of Appeal held that the Minister's opinion under s.247(10) ITA is outside the Tax Court's exclusive original jurisdiction because the ITA does not expressly provide an appeal from that opinion and the Tax Court's statutory remedies (vacate, vary or refer an assessment under s.171) do not include the power to quash or compel the Minister's opinion; therefore judicial review in Federal Court is available to quash or order mandamus as needed, and both Federal Court and Tax Court remedies may be required to give full relief.
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