Moreau v. Canada
The appeals were dismissed because the Federal Court correctly exercised its discretion under the Federal Courts Rules in removing the Speaker of the Senate and His Majesty the King as parties: neither was a proper or necessary party to the OLA s.77 applications, the OLA authorizes remedies only against federal institutions (which do not include the monarch or the Speaker personally and does not treat Parliament itself as an 'institution of Parliament'), and issue estoppel did not apply since the issues were not previously and definitively determined between the same parties.
Source excerpt
- Joinder of parties
- Issue estoppel
- Interpretation of the official languages act
- Standing
- Costs