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Judicial review dismissed: the Court upheld ten environmental AMP notices for migratory bird deaths and found no abuse of process in issuing multiple NOVs.
The Tribunal dismissed Google's motion: s.79 proceedings are administrative, not criminal in nature, and an AMP under subsection 79(3.1) must be interpreted and applied in the statutory context (including ss.79(3.2) and 79(3.3)) as a regulatory, deterrent remedy not a true penal consequence. Applying the Guindon factors, the potential magnitude of an AMP (including theoretical large figures) does not, on the statutory record and evidence before the Tribunal, convert the regime into a penal one; the Tribunal therefore has no warrant to treat s.79(3.1)(b) as authorizing punitive fines that woul…
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The Federal Court dismissed CN’s judicial review, upholding a TATC appeal decision that found CN had not proved due diligence for railway safety violations.
The court dismissed Rashin Rohani’s application to stay enforcement of Financial Services Tribunal-related liens pending judicial review, finding no irreparable harm and that convenience favored BCFSA.
The Tribunal granted leave to amend the Notice of Application because the Commissioner filed an informal motion properly before the Tribunal, Google did not oppose the request, and the Tribunal determined the motion could proceed informally with reasonable consequential timelines for any responsive amendments.
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Although there was a serious issue to be tried, the appellants failed to establish irreparable harm and the balance of convenience favoured maintaining the Receivership Order given evidence of significant related‑party transfers, possible commingling of funds, mortgage arrears and the public interest in enforcing securities laws; accordingly the stay was denied.
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The Federal Court dismissed Austin Jewellers’ appeal from FINTRAC penalties, finding no palpable and overriding error in the Director’s assessment or penalty analysis.
The application was dismissed as premature because Favel Transportation failed to demonstrate exceptional circumstances warranting judicial review of an interlocutory recusal decision prior to a final administrative decision; costs were awarded and the style of cause was amended to name the Canadian Food Inspection Agency.
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The Tribunal reasonably applied the regulation's definition of 'overcrowding', its factual findings that the loading and transport resulted in overcrowding were supported by the evidence, and under the Vavilov reasonableness standard the Tribunal's decision must be upheld; the judicial review application is dismissed.
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The Federal Court dismissed Rio Tinto’s judicial review of an environmental direction under the Fisheries Act, finding the officer’s urgency finding and remedial measures reasonable.
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