Canada Case Law

Donkor v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court of Appeal

The Federal Court erred by treating the motion as ex parte and by failing to recognize the filed notice of motion and affidavit of service; because the decision to grant an extension is discretionary and should be made on a complete record, the proper remedy is to set aside the Federal Court's order and remit the matter for reconsideration rather than grant the extension on appeal.

Source excerpt

• Extension of time
• Judicial review
• Service of process
• Ex parte procedure
• Remittal

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Canada (Attorney General) v. Ferris

Court

Federal Court of Appeal

The Crown established a serious issue on appeal, demonstrated irreparable harm from likely wasted or re-applied resources (made more acute by the probable unavailability of costs under r.334.39), and showed the balance of convenience favours a stay given the limited incremental delay and the Crown's compliance with appeal timelines; accordingly a stay of the Federal Court proceeding pending final disposition of the appeal was granted and costs were not awarded on the motion.

Source excerpt

• Class certification
• Stay pending appeal
• Rjr-macdonald test
• Costs in class proceedings

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Penner v. Canada

Court

Federal Court

The Federal Court assessed the Defendant’s Bill of Costs at $1,440, allowed 8 units, and refused an extra Item 27 unit after reallocating units to comply with Column III.

• Assessment of costs
• Bill of costs
• Tariff b
• Federal courts rules
• Assessment officer jurisdiction
• Motion to strike

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Beniey c. Commissariat à l'Information du Canada

Court

Federal Court of Appeal

The appeal is removed under Rule 74 because it is manifestly without merit; the Federal Court did not err in validating the respondent’s filing retroactively given Rule 8(1) permits extension of times fixed by order and the April 11, 2024 order did not irrevocably preclude the earlier mutual consent; the appellant was foreclosed by failing to oppose the extension in time and there is no basis for appellate intervention absent a legal or palpable overriding error.

Source excerpt

• Extension of time
• Striking pleadings
• Procedural compliance
• Summary dismissal of appeals

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Ge v. Canada (National Revenue)

Court

Federal Court

Appeal dismissed after the Court upheld a status-review dismissal for delay, found no jurisdictional error by the associate judge, and awarded costs of $900.

• Status review
• Delay
• Extension of time
• Jurisdiction of associate judge
• Self-represented litigant
• Costs

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Sioui v. Huron-Wendat Nation Council

Court

Federal Court of Appeal

The Federal Court judge did not err: the Tribunal's jurisdiction derived from the Policy and the employment contract and it is not a 'federal board, commission or other tribunal' under s.18(1) of the Federal Courts Act; therefore the Federal Court lacked jurisdiction to review the arbitral award and the appeal is dismissed. Alternatively, even if characterized as a federal tribunal, the Tribunal exercised a private power not amenable to Federal Court review.

Source excerpt

• Judicial review
• Jurisdiction
• Federal board commission definition
• Private arbitration
• Public vs private power

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Canada (Attorney General) v. Kostic

Court

Federal Court

The Federal Court denied Ms. Kostic’s motion to stay a vexatious litigant application, finding no irreparable harm and that the balance of convenience favored Canada.

• Vexatious litigant
• Stay of proceedings
• Indemnity
• Costs
• Recusal
• Forum shopping

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Canada (Attorney General) v. Iris Technologies Inc.

Court

Federal Court of Appeal

The assessment officer, lacking authority to issue payment orders, exercised jurisdiction to assess costs under the Rules and Tariff B, declined to apply Rule 400(3)(h) absent substantiation of public interest, allowed 13 units ($1,950.00) for assessable services, adjusted photocopy disbursements to reflect only one counsel copy and one registry copy (reducing photocopy claims), accepted other disbursements, and assessed the Bill of Costs at $2,330.46 with a Certificate of Assessment to be issued.

Source excerpt

• Costs assessment
• Tariff b
• Disbursements
• Public interest in costs

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Iris Technologies Inc. v. Canada (National Revenue)

Court

Federal Court

Assessment officer held she lacked jurisdiction to order Iris Technologies Inc. to pay agreed costs of $11,934.56; any order had to be sought by motion to the Federal Court.

• Costs
• Discontinuance
• Jurisdiction of assessment officer
• Assessment procedure
• Jurisdiction
• Assessment-of-costs

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Salt River First Nation #195 v. Heron

Court

Federal Court of Appeal

The motion was dismissed because SRFN failed to establish irreparable harm by clear, compelling and non-speculative evidence; having failed that essential element the court did not have to decide whether a serious question existed or whether the balance of convenience favoured a stay or injunction.

Source excerpt

• Stay pending appeal
• Interlocutory injunction
• Judicial review
• Irreparable harm
• Balance of convenience
• Evidentiary admissibility (hearsay)

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