Canada Case Law

British Columbia Athletic Commissioner v. Simon Fraser University

Court

British Columbia Court of Appeal

The appeal is allowed because the Athletic Commissioner Act and its regulations do not, expressly or by implication, create a private law duty of care to individual athletes, and SFU's amended third party notice fails to plead the material facts necessary to establish proximity (the key basis for a novel duty). Bare allegations that the regulator knew or ought to have known of contraventions are insufficient; therefore the third party notice is plain and obvious to fail and must be struck (without prejudice to SFU applying to refile if material facts are available).

Source excerpt

• Duty of care
• Proximity
• Negligence
• Strike pleadings
• Regulator liability
• Athletic regulation

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Dempsey v. Nova Scotia Barristers’ Society

Court

Supreme Court of Nova Scotia

A complainant in a professional disciplinary process lacks standing to seek substantive judicial review of the disciplinary body's merits; judicial review by a complainant is limited to minimal, context‑specific procedural fairness as defined by Baker and provincial authorities. Consequently Grounds A, C, D, E, F and H, which seek substantive review, are dismissed for lack of standing; Grounds B and G raise procedural issues and remain available for consideration within the limited procedural framework.

Source excerpt

• Standing
• Procedural fairness
• Reasons for decision
• Delay
• Jurisdiction of regulatory bodies

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Port Hawkesbury Paper LP v. Nova Scotia (Energy Board)

Court

Nova Scotia Court of Appeal

The Court held the Energy Board correctly interpreted the 2024 Term Sheet as effecting a refund that extinguished the pre-December 1, 2024 FAM balance and replaced it with a new federally guaranteed amortizing debt payable over 2024–2052 to the same above-the-line customer class; the Board did not err in law in its ratemaking analysis because the restructuring better matched costs and benefits, did not effect retroactive ratemaking, and PH Paper remains protected by its below-the-line tariff unless it elects service under a tariff that includes Maritime Link costs

Source excerpt

• Rate setting
• Inter-class equity
• Retroactive ratemaking
• Contract interpretation
• Federal loan guarantee
• Fuel adjustment mechanism

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Simple Path Farms and Poultry Ltd v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed the application for judicial review, holding that the applicant had not exhausted the adequate alternative complaint process before the Farm Products Council.

• Exhaustion of remedies
• Ultra vires challenge
• Administrative levies
• Force majeure
• Judicial review discretion
• Agency supervisory powers

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Foch v. Sharon Gun Club

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal challenging the operation and finances of the Sharon Gun Club, holding the claims were barred by a release, limitation period, and lack of standing.

• Release
• Limitation period
• Standing
• Costs
• Operation of regulated facility
• Limitation-period

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Capin v. Canada (Attorney General)

Court

Federal Court

The Federal Court granted judicial review of a Cannabis Act security-clearance refusal, finding the decision unreasonable because it relied on an unexplained Facebook association.

• Security clearance
• Risk assessment
• Association with organized crime
• Procedural fairness
• Reasonableness review
• Administrative-law

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RCG Islington 401 Limited Partnership v. Toronto (City)

Court

Court of Appeal for Ontario

The Ontario Court of Appeal held that a 36-month municipal by-law deadline for a redevelopment charge reduction was not a limitation period suspended by O. Reg. 73/20.

• Development charges
• Demolition permit
• Building permit deadline
• Limitation periods
• Covid-19 suspension regulation
• By-law interpretation

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R. v. Kawall

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario granted the CCLA leave to intervene in a criminal appeal about privacy, facial recognition technology, and a photograph taken in public.

• Section 8 charter – search and seizure
• Reasonable expectation of privacy
• Facial recognition technology
• Intervener motion practice
• Admissibility and exclusion of evidence
• Police collection of identifying information

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Mayer v. British Columbia (Superintendent of Motor Vehicles)

Court

Supreme Court of British Columbia

The Adjudicator's credibility determinations and factual findings that the petitioner made multiple insufficient breath attempts and intentionally failed to provide sufficient breath flow were reasonable and supported by the record; the petitioner did not raise a factual basis for a reasonable excuse before the Adjudicator; therefore the IRP, vehicle impoundment and monetary penalty remain in effect and the petition is dismissed.

Source excerpt

• Immediate roadside prohibition
• Breath demand and approved screening device
• Feigned compliance
• Reasonable excuse
• Standard of review (reasonableness)
• Credibility findings

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Hogg v. College of Paramedics of Nova Scotia

Court

Supreme Court of Nova Scotia

The Amended Statement of Claim is plain and obviously unsustainable: named committees are not legal entities; section 100 of the Paramedics Act grants statutory immunity that, on the pleaded facts, bars claims against the College Defendants; the Lawyer Defendants owed duties to their client and the ASOC fails to plead material facts necessary to sustain the alleged torts against them; summary judgment is warranted unless plaintiff is permitted to amend and does so by the court deadline.

Source excerpt

• Statutory immunity
• Summary judgment on pleadings
• Misfeasance in public office
• Defamation
• Intrusion upon seclusion
• Intentional infliction of emotional distress

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