Canada Case Law

Bonn v Nova Scotia (Attorney General)

Court

Supreme Court of Nova Scotia

The Court certified the proposed class action: the pleadings disclose viable causes of action for Charter breaches (ss.7,8,12) and trespass to the person and the s.15 claim need not plead a comparator group at certification; there is some basis in fact to define the class temporally from January 1, 2014 to December 31, 2021 across Central Nova, Northeast Nova Scotia and Cape Breton facilities; common issues including amended Common Issue #11 (framed to ask whether the common elements of post-OAT strip searches constitute trespass to the person), aggregate damages (Common Issue #17) and non-mo…

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• Charter s.8 search and seizure
• Charter s.7 liberty and security
• Charter s.12 cruel and unusual treatment
• Charter s.15 discrimination
• S.24(1) remedies
• Trespass to the person (false imprisonment, assault, battery)

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Canada (Attorney General) v. B.W.

Court

Federal Court of Appeal

The Federal Court did not err in certifying the class: the Further Amended Statement of Claim pleaded sufficient material facts to disclose reasonable causes of action in systemic negligence and Charter ss.7 and 15(1); there was some basis in fact for an objectively defined class and class period; the proposed common questions were capable of meaningfully advancing class members' claims; and a class proceeding was preferable given access to justice and judicial economy considerations. The motion judge's reliance on precedents and parts of other decisions was justified and did not amount to re…

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• Certification criteria
• Systemic negligence
• Charter s.7
• Charter s.15
• Identifiable class
• Common issues

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Imona-Russel v. Zap

Court

Court of Appeal for Ontario

The motion judge correctly refused to appoint counsel because no rare exception applied; the statement of claim failed to plead material facts sufficient to support Human Rights or Charter causes of action, the Human Rights Code does not provide an independent cause of action applicable to federal institutions, and the proceeding was frivolous, vexatious and an abuse of process; accordingly the motion judge's order striking the statement of claim and denying appointment of counsel was upheld and costs awarded.

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• Appointment of counsel in civil proceedings
• Striking statement of claim
• Abuse of process
• Applicability of provincial human rights code to federal institutions
• Pleading requirements for charter claims
• Costs

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Richards v. Correctional Service Canada

Court

Canadian Human Rights Tribunal

The request for reconsideration is dismissed because there was no denial of natural justice or procedural fairness, no substantial change in circumstances (Ramadan and the volume of disclosure were known or foreseeable and did not overlap the original deadlines), and reasonable alternatives (paper disclosure, limited computer access, adjournment or extension) remain available; security considerations justify denying 24-hour laptop access in a cell.

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• Reconsideration
• Procedural fairness
• Reasonable accommodation
• Disclosure
• Religious accommodation
• Disability accommodation

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Nome v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed an inmate’s motion for broader legal research and telephone access, finding adequate alternative remedies and reasonable institutional accommodations.

• Access to legal materials
• Alternative remedies
• Grievance procedures
• Institutional security
• Costs
• Case management

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Shea v. Nova Scotia (Central Nova Correctional Centre)

Court

Supreme Court of Nova Scotia

The proposed Amended Statement of Claim did not disclose a reasonable cause of action and amounted to grievances and speculative allegations largely against federal agencies; therefore leave to amend was denied and summary judgment was granted striking the proposed amendment and setting aside the original claim pursuant to the Civil Procedure Rules (Rules 13.01 and 13.03).

Source excerpt

• Amendment of pleadings
• Summary judgment
• Disclosure and discovery
• Cause of action
• Application of federal statute to provincial crown
• Pleadings standard

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Iser v. Canada (Attorney General)

Court

Supreme Court of British Columbia

The court ordered expanded disclosure and further discovery in a prison-assault case, rejecting overbroad privilege claims but imposing confidentiality safeguards.

• Discovery
• Public interest privilege
• Informant privilege
• Confidentiality orders
• Examination for discovery
• List of documents

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Ruffle v. Canada (Attorney General)

Court

British Columbia Court of Appeal

The Court of Appeal upheld dismissal of a negligence claim arising from a sudden inmate assault on a contractor at Matsqui Institution.

• Duty of care
• Standard of care
• Foreseeability of assault
• Standard of appellate review (palpable and overriding error)
• Negligence
• Duty-of-care

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Frontenac Institution Inmate Committee v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed an interlocutory injunction motion in a prison cable-TV contract dispute, holding that damages were an adequate remedy and irreparable harm was not shown.

• Interlocutory injunction
• Standing
• Breach of contract
• Damages as remedy
• Judicial review distinction
• Blocking/censorship of media

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