Canada Case Law

Teskey v. Canada (Attorney General)

Court

Court of Appeal for Ontario

The appeal is dismissed because the challenge to the rules of succession is non‑justiciable and the appellant lacks standing; the rules of succession form part of the constitution and therefore cannot be challenged under s.15 of the Charter by an individual member of the Roman Catholic faith who lacks a sufficient personal or legal interest.

Source excerpt

• Succession to the crown
• Religious discrimination
• Section 15 equality
• Public interest standing
• Canada-uk legislative assent

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Rooke v. University of Waterloo

Court

Court of Appeal for Ontario

The Court dismissed the appeal as moot because no live controversy remained and there were no exceptional circumstances or public interest reasons sufficient to warrant exercising discretion to hear the appeal.

Source excerpt

• Mootness
• Justiciability
• Costs

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Page v. Mulcair

Court

Federal Court

The Federal Court held that parliamentary privilege did not bar judicial interpretation of the Parliamentary Budget Officer’s mandate, but dismissed the reference as non-justiciable.

• Parliamentary budget officer mandate
• Access to departmental financial data
• Separation of powers
• Declaratory relief
• Federal courts act s.18.3
• Parliamentary-privilege

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Sungu v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court of Appeal

The appeal was dismissed as moot and the motion to quash was granted because the appellant had been removed from Canada, there was no adversarial context and no practical purpose in deciding the appeal; the court declined to exercise its discretion to hear the matter and did not decide the substantive jurisdictional issue.

Source excerpt

• Detention reviews
• Stay of release
• Mootness
• Jurisdictional limits
• Immigration and refugee protection act interpretation

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Provincial Rental Housing Corp. v. Hall

Court

British Columbia Court of Appeal

Court of Appeal granted leave to appeal an interim injunction and enforcement order, holding the process issue was arguable, important, and not barred by mootness.

• Leave to appeal
• Interim injunction
• Enforcement order
• Adversarial context
• Process fairness
• Leave-to-appeal

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Collins v. Abrams

Court

Supreme Court of British Columbia

The court dismissed the judicial review as moot after Doug Collins’s death, holding that Betty Collins could not continue his personal Charter challenge and no exception applied.

• Mootness
• Standing
• Public interest standing
• Section 7(1)(b) human rights code
• Section 2(b) charter
• Section 1 charter

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Canada (Cultural Property Export Review Board) v. Canada (Information Commissioner)

Court

Federal Court of Appeal

The appeal is dismissed for mootness because the 13 pages were disclosed and are in the public domain, so no live controversy remains and the Court will not exercise its discretion to hear a moot appeal, promoting judicial economy.

Source excerpt

• Mootness
• Public domain disclosure
• Access to information act paragraph 19(2)(b)
• Judicial economy
• Stay application

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Canada (Minister of Citizenship and Immigration) v. Ogunmefun

Court

Federal Court of Appeal

The appeal was dismissed as moot because the respondent had been granted permanent residence and, given the respondent's failure to appear or file a factum, the Court declined to exercise its discretion to hear the moot appeal.

Source excerpt

• Mootness
• Judicial discretion
• Permanent residence

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Coca-Cola Company of Canada Ltd. v. Mathews

Court

Supreme Court of Canada

The Supreme Court of Canada declined to hear an appeal after leave conditions left no live dispute between the parties, and dismissed the appeal with costs.

• Leave to appeal
• Mootness/abstention
• Costs
• Advisory opinions
• Terms imposed on leave to appeal
• Mootness

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