Canada Case Law

Tatiana Gorenstein v. Meta Platforms, Inc.

Court

Federal Court of Appeal

Appeal dismissed because the Federal Court lacked statutory jurisdiction under the Federal Courts Act to adjudicate this essentially private contractual dispute between the appellant and Meta; the parties conceded the lack of federal jurisdiction and the Federal Court's reasoning on enforceability of forum selection clauses was not endorsed because necessary findings under Douez and Dell were not made.

Source excerpt

• Forum selection clause
• Terms of service
• Choice of law
• Contract of adhesion
• Jurisdictional competence
• Enforceability of online arbitration/choice clauses

Read case analysis

Fazio v. Altus Business Consultants Limited

Court

Federal Court

The Federal Court dismissed Marie Pia Fazio’s appeal from an Associate Judge’s Rule 74 order removing her claim from the court file for lack of jurisdiction and no viable cause of action.

• Rule 74 dismissal/removal of claim
• Ito jurisdiction test
• Ownership presumption s.13(3) copyright act
• Federal vs provincial jurisdiction
• Pleading sufficiency for ip claims
• Proportionality in case management

Read case analysis

Wanakome Inc. v. Martin

Court

Federal Court of Appeal

The Federal Court had jurisdiction to decide ownership of the unregistered WANAKOME trademark and properly applied the legal tests; its factual findings on unfair competition and on the validity of the copyright registration were not palpably and overridingly erroneous, therefore the appellate court will not intervene and the appeal is dismissed.

Source excerpt

• Trademark ownership
• Unfair competition under trademarks act ss 7(b),(c),(d)
• Copyright expungement under copyright act s 57(4)
• Jurisdiction of federal court
• Standard of review (palpable and overriding error)

Read case analysis

Wittek Krause v. Royal Bank of Canada

Court

Federal Court

The Federal Court struck out a self-represented plaintiff’s claim against RBC for lack of jurisdiction, dismissed the action, and awarded the bank $1,000 in costs.

• Federal court jurisdiction
• Motion to strike
• Default judgment
• Costs
• Dismissal under rule 168
• Federal-court-jurisdiction

Read case analysis

Canada (National Revenue) v. Wilson

Court

Federal Court

The Federal Court allowed the Minister to proceed with seizure and sale of seven serial-numbered items, finding they belonged to Travis Wilson, not his company.

• Seizure and sale of personal property
• Serial numbered goods and personal property registry
• Third party claim and notice of objection
• Compliance with civil enforcement act and regulations
• Federal court enforcement jurisdiction
• Tax-enforcement

Read case analysis

LaRue v. Canada (Attorney General)

Court

Supreme Court of British Columbia

The court dismissed a habeas corpus petition seeking record correction, expungement, and review of CSC decisions, holding those remedies were unavailable in this proceeding.

• Availability of habeas corpus remedies
• Jurisdictional limits of provincial superior courts
• Review and correction of csc records
• Exclusive federal court remedies
• Mandamus and declaratory relief
• Privacy act and ccra correction mechanisms

Read case analysis

Ahayah v. Garceau

Court

Federal Court

The Federal Court struck the claim without leave to amend for lack of jurisdiction and dismissed the action, awarding $500 costs to the moving defendants.

• Motion to strike
• Jurisdictional limitation
• Pleadings
• Costs
• Rule 221
• Motion-to-strike

Read case analysis

Raji v. Schwartz

Court

Federal Court

The Federal Court removed a vexatious statement of claim from the court file under Rule 74 and awarded costs, finding the pleading abusive and outside its jurisdiction.

• Rule 74 federal courts rules
• Vexatious litigation
• Organized pseudolegal commercial argument (opca)
• Judicial immunity
• Default judgment
• Costs

Read case analysis

Southern Railway of British Columbia Limited v. Vancouver Fraser Port Authority

Court

Federal Court of Appeal

The Case Management Judge erred in law by applying the plain and obvious (motion to strike) standard to a Rule 317 production request and breached procedural fairness by changing the legal test and burden without notice; Rule 317 production requires the applicant to prove relevance on the balance of probabilities and cannot be used where the tribunal status or jurisdiction is legitimately in dispute.

Source excerpt

• Rule 317 production of documents
• Rule 318 objections
• Rule 221 motion to strike
• Procedural fairness
• Jurisdictional challenge
• Canada marine act fees and tariffs

Read case analysis

Muckle v. Pacific Institution (Warden)

Court

British Columbia Court of Appeal

Appeal dismissed summarily under s. 685(1) of the Criminal Code. The court held it lacked jurisdiction over the habeas corpus grounds raised by Mr. Muckle.

• Habeas corpus
• Judicial review
• Mandamus
• Charter s.12 cruel and unusual punishment
• Exclusive jurisdiction of federal court
• Abuse of process

Read case analysis