Canada Case Law

Yates v. British Columbia

Yates v. British Columbia (Civil Resolution Tribunal)

Court

Supreme Court of British Columbia

The interim stay is vacated because the petition is premature given the CRT has not rendered a final decision, the applicant cannot demonstrate irreparable harm (monetary benefits are remediable), and the balance of convenience favors allowing the CRT to proceed; prohibition against adverse inference is premature and improper because such inferences are legally possible and reviewable after a final decision; mandamus is unavailable because the CRT has exercised discretion and has not refused to decide nor acted in bad faith.

Source excerpt

• Judicial review
• Stay of proceedings
• Mandamus
• Prohibition
• Prematurity doctrine
• Adverse inference

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A.B. and Gracie v Correctional Service Canada

Court

Canadian Human Rights Tribunal

The Tribunal refused CSC’s motion to exclude witness evidence, but narrowed the scope of questioning and documents to keep the hearing proportionate.

• Discrimination
• Access to culturally appropriate programs
• Evidence admissibility
• Procedural fairness
• Systemic discrimination
• Risk assessment tools

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L.N.S. v. W.R.W.C.

Court

Supreme Court of British Columbia

Interim relocation to Manitoba was refused, and the court ordered non-removal from the Lower Mainland, supervised parenting time, and each party to bear their own costs.

• Relocation
• Parenting time
• Supervised access
• Best interests of the child
• Family violence
• Interim orders

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Lill v. Canada

Court

Federal Court

The Federal Court dismissed Christopher Lill’s claims over two prison transfers, finding no proved fault, Charter breach, or compensable loss.

• Personal property of inmates
• Searches of indigenous medicine
• Duty of care and bereavement support
• Compliance with commissioner’s directives
• Claims for moral and punitive damages
• Prison-law

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Lewis v. Eaton

Court

British Columbia Court of Appeal

Leave to appeal was dismissed because, despite serious procedural errors in the underlying relocation order, the long delay and changed circumstances made a trial court the proper forum.

• Relocation of child
• Parenting time
• Best interests of the child
• Extension of time on appeal
• Notice under family law act s.66
• Appeal from provincial court

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Ewert v. Canada

Court

Federal Court

The Court found a Charter breach in the search and handling of Jeffrey Ewert’s medicine bundle, awarded $7,500, and dismissed the headband-related claims.

• Freedom of religion (section 2(a) charter)
• Search and seizure (section 8 charter)
• Charter damages (s.24(1))
• Reasonable limits (section 1)
• Equality (section 15)
• Prison policy and searches

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British Columbia v. B & B Barges Ltd.

Court

Supreme Court of British Columbia

The court imposed contempt penalties for failure to remove abandoned barges from Crown land: a $20,000 fine, 21 days’ imprisonment for Mr. Baumel, and 10 days’ house arrest for Mr. Butler.

• Contempt of court
• Injunction enforcement
• Penalty/sentencing
• Disclosure and examinations in aid of execution
• Seizure of property
• Stay pending appeal

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Graham v. Canada (Minister of Justice)

Court

British Columbia Court of Appeal

The Court of Appeal held the Minister’s waiver of specialty was procedurally unfair, set the waiver aside, and remitted the request for reconsideration.

• Waiver of specialty
• Judicial review
• Duty of procedural fairness
• Remedies and remittal
• Abuse of process
• Charter claims

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R. v. Hawryluk

Court

Court of Appeal for Ontario

The sentencing judge did not err in principle by imposing the s.109 prohibition and ordering forfeiture; she was not required to consider s.113 at sentence and the appellant remains free to apply to the competent authority (Superior Court) under s.113 for an exemption to possess a firearm for sustenance; the victim fine surcharge was set aside as unconstitutional.

Source excerpt

• Section 109 prohibition order
• Section 113 exemption for sustenance
• Forfeiture of firearm
• Victim fine surcharge constitutionality
• Section 35 aboriginal hunting rights (powley)

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TC v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Tribunal allowed the appeal because on the balance of probabilities the claimant proved she had just cause to quit: her role as an elder and the urgent need for cultural healing following discovery of unmarked graves, combined with limited local employment options and systemic racism, meant quitting was her only reasonable course of action; the Tribunal preferred the claimant's oral hearing evidence over abbreviated Commission records.

Source excerpt

• Voluntary leaving
• Just cause
• Disqualification from benefits
• Systemic racism
• Cultural obligations

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