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Ontology: Ontario Court of Appeal allows a motion-to-strike appeal in part and grants leave to amend a negligence claim tied to Firearms Act licensing.
The court struck out Evert Jan Steen’s claim against British Columbia’s Minister of Justice and Attorney General, finding no reasonable claim and an abuse of process.
The court struck a negligence claim against British Columbia, finding no pleaded duty of care, no sufficient proximity or foreseeability, and policy concerns barred recognition of a novel duty.
The Federal Court quashed a CSC grievance decision over damaged inmate property, finding procedural unfairness in the investigation and inadequate reasons.
La Cour fédérale conclut que l’action en dommages constitue une contestation indirecte de décisions administratives et doit attendre un contrôle judiciaire.
The Supreme Court of British Columbia dismissed joinder applications brought after limitation expiry, finding the plaintiffs’ delay unexplained and the RCMP would suffer prejudice.
The appeal was dismissed because the statement of claim did not disclose a reasonable cause of action; specifically, the alleged failure to follow the Treasury Board Secretariat policy did not, in itself, establish Crown liability, and the motions judge's order quashing the claim was upheld with costs assessed against the appellant.
Source excerpt
The Supreme Court of Canada granted a re-hearing and varied its prior judgment on interest, ordering interest against the Crown to run from the trial judgment date.
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