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Administrative law 2025 FC 543

Heidelberg Materials Canada Limited v. Toronto Port Authority doing business as PortsToronto

Judicial review of a CNWA approval for Cherry Street Bridge repairs was dismissed. The Court found the Minister’s decision reasonable and admitted limited affidavit evidence.

  • Judicial review
  • Reasonableness review (vavilov)
  • Ministerial discretion
  • Canadian navigable waters act s.7 approvals
  • Evidence admissibility
  • Judicial-review
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Administrative law 2021 FC 471

McClintock's Ski School & Pro Shop Inc. v. Canada (Attorney General)

The Federal Court quashed denials of waterski course approvals, finding the applicant was not given a fair chance to respond to complaints and buffer calculations.

  • Judicial review
  • Canadian navigable waters act approvals
  • Retrospective application
  • Standard of review
  • Public consultation and notices
  • Evidentiary record (ctr)
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Administrative law 2015 FC 163

Thibeault v. Canada (Transport, Infrastructure and Communities)

The Federal Court dismissed three judicial review applications challenging ministerial approvals for marina docks and mooring areas on the Chaudière River.

  • Ministerial approvals
  • Jurisdiction to regulate navigable waters
  • Definition of work vs vessel
  • Riparian rights and access
  • Reasonable apprehension of bias
  • Standard of review
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Administrative law 2014 ONCA 557

Muskoka Lakes (Township) v. Ontario (Natural Resources)

The Court dismissed the appeal, holding that s.28(1) of the Public Lands Act authorizes the Minister to prohibit access to Crown lands and is not made subject to ss.3 or 65(4); the Minister’s decision to restrict access for public safety was reasonable and within a range of defensible outcomes even if a portage existed or s.3 applied, and therefore the Tribunal will not set aside the Minister’s s.28 prohibition.

  • Public lands act
  • Ministerial powers
  • Portage rights
  • Statutory interpretation
  • Judicial review — reasonableness
  • Public safety
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Administrative law 2008 FCA 267

1162209036 QUEBEC INC (Les Amis de la Rivière Kipawa) v. Canada (Attorney General)

The appeal is dismissed because the environmental assessment did consider navigation and the appellant's interests and recommended mitigating measures adequate to preserve, as far as possible, reasonable use of the river, providing no basis for overturning the decision.

  • Environmental assessment adequacy
  • Mitigation measures
  • Navigation impacts
  • Judicial review of administrative decisions
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Expropriation [1974] SCR 623

Imperial Oil Ltd. v. R.

The Supreme Court of Canada held that Imperial Oil was entitled to compensation when pipeline relocation was required for harbour expansion and dredging.

  • Injurious affection
  • Compensation
  • Ministerial directions
  • Statutory interpretation
  • Easement
  • Expropriation
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Torts (1917) 54 SCR 421

Booth v. Lowery

Appeal over damage to a cofferdam during log driving on the Montreal River. The Supreme Court of Canada affirmed liability for unnecessary damage.

  • Negligence
  • Driving logs
  • Rivers and streams act (ont.)
  • Dominion vs provincial jurisdiction
  • Contract with crown
  • Navigable waters
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Torts (1916) 55 SCR 328

Grand Trunk Pacific Railway Co. v. British Columbia Express Co.

The Supreme Court of Canada allowed the appeal, holding the respondent failed to prove that the bridge caused its loss of business on the Upper Fraser River in 1913.

  • Obstruction of navigable water
  • Causation
  • Statutory conditions on bridge construction
  • Riparian rights
  • Damages for injuria sine damno
  • Public-nuisance
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Constitutional law (1896) 26 SCR 322

The Queen v. Moss

The Supreme Court of Canada held that the bridge obstruction was lawfully maintained by dedication and that the respondent was entitled to compensation for injurious affection.

  • Navigable waters
  • Title to river bed
  • Crown dedication
  • Public nuisance
  • Expropriation/compensation
  • Nullum tempus/prescription
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.