Canada Case Law

Doell v. Canada

Court

Federal Court of Appeal

The statement of claim did not disclose a viable cause of action—claims framed as a constitutional right not to work or as an ownership interest in the Consolidated Revenue Fund based on the pleaded constitutional, international and legislative documents cannot succeed in law—therefore the Federal Court’s strike out and the dismissal of the appeal were correct and the appeal is dismissed with costs.

Source excerpt

• Strike out
• Right not to work
• Adequate standard of living
• Consolidated revenue fund
• Justiciability
• Costs

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Huronne-Wendat First Nation v. Canada

Court

Federal Court

The Federal Court dismissed a damages action over pension-plan funding, holding the Treasury Board policy and funding agreements did not create a full-funding contractual obligation.

• Judicial review time bar
• Unilateral contractual obligation
• Comprehensive funding agreements
• State spending power
• Fiduciary duty (abandoned)
• Funding cap implementation

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Nova Scotia (Attorney General) v. Jacques home Town Dry Cleaners

Court

Supreme Court of Nova Scotia

The 10% administrative fee was a reasonable overhead charge related to the specific repair work, not arbitrary or artificial, and contained no element of profit; the Crown satisfied the burden of proof that the fee reflected administrative tasks directly arising from the defendant's act, therefore the fee is recoverable as damages.

Source excerpt

• Overhead recovery
• Damages calculation
• Burden of proof
• Administrative fees
• Third party recoverables

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Iverson v. Canada (Fisheries and Oceans)

Court

Supreme Court of British Columbia

The court granted a substitution of representative plaintiff in a proposed class action over an allegedly unlawful halibut fisheries management scheme.

• Substitution of representative plaintiff
• Conflict of interest
• Jurisdiction (federal court v. provincial court)
• Financial administration act compliance
• Certification procedure
• Pre-certification orders

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Federal Government Dockyard Trades and Labour Council v. The Attorney General

Court

Supreme Court of British Columbia

The court dismissed a Charter challenge to the Expenditure Restraint Act, holding the annulled wage increase came from binding arbitration, not protected collective bargaining.

• Freedom of association
• Collective bargaining
• Wage restraint legislation
• Section 1 oakes test
• Binding arbitration
• Expenditure restraint act

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Aalto v. Canada (Attorney General)

Court

Federal Court of Appeal

Viewed globally, the Government's Response met the Bodner rationality standard because it articulated legitimate public interest reasons tied to the deteriorating state of public finances, relied upon a reasonable factual foundation, and respected the independent process sufficiently; therefore there was no constitutional breach and no remedy was required.

Source excerpt

• Judicial remuneration
• Judicial independence
• Bodner test
• Judicial review
• Expenditure restraint act

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Confédération des syndicats nationaux v. Canada (Attorney General)

Court

Supreme Court of Canada

The Supreme Court upheld active employment insurance measures but struck down premium-setting provisions for 2002, 2003 and 2005 as invalid taxes without clear delegation.

• Division of powers
• Employment/unemployment insurance
• Delegation of taxing authority
• Regulatory charge vs tax
• Section 53 parliamentary control over taxation
• Premium‑setting mechanisms

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St-Pierre c. La Reine

Court

Tax Court of Canada

The assessment was confirmed because the Minister applied the Income Tax Act and properly included the interest amount reported on the T5 as income in the year issued; the court found the assessment was established in accordance with the Act and dismissed the appeal, while noting that remission under the Financial Administration Act is an available administrative remedy but not a substitute for the statutory tax assessment decision.

Source excerpt

• Taxation of interest reported on t5
• Retroactive lump sum payments (t1198)
• Deductions for amounts paid to third parties
• Remission of taxes under financial administration act s.23(2)
• Assessment under income tax act

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Ermineskin v. Canada

Court

Federal Court of Appeal

Majority (Richard C.J. and Sharlow J.A.): Appeals dismissed. The Crown is a trustee of the royalties but the combined statutory scheme (Indian Oil and Gas Act, Indian Act and Financial Administration Act) governs management of Indian moneys and constrains a common-law trustee investment obligation. Royalties constitute "public money" and must be deposited in the Consolidated Revenue Fund; the Governor in Council was empowered to fix interest under s.61(2) and the Minister’s role under s.64 requires band council consent for expenditures including investments. The Crown’s practice and the inter…

Source excerpt

• Royalties
• Indian moneys
• Investment of trust funds
• Fiduciary duty
• Unjust enrichment
• Statutory interpretation

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Association des crabiers Acadiens v. Canada (Attorney General)

Court

Federal Court

The Federal Court held that the Minister could not use a snow crab licence to finance DFO activities, declared the licence invalid, and awarded costs to the applicants.

• Ultra vires
• Licensing
• Appropriation of public resources
• Judicial review
• Financial administration
• Judicial-review

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