Canada Case Law

Moreau v. Canada

Court

Federal Court of Appeal

The appeals were dismissed because the Federal Court correctly exercised its discretion under the Federal Courts Rules in removing the Speaker of the Senate and His Majesty the King as parties: neither was a proper or necessary party to the OLA s.77 applications, the OLA authorizes remedies only against federal institutions (which do not include the monarch or the Speaker personally and does not treat Parliament itself as an 'institution of Parliament'), and issue estoppel did not apply since the issues were not previously and definitively determined between the same parties.

Source excerpt

• Joinder of parties
• Issue estoppel
• Interpretation of the official languages act
• Standing
• Costs

Read case analysis

Moreau v. Ottawa International Airport Authority

Court

Federal Court

The Federal Court struck a section 77 Official Languages Act application challenging airport signage order, holding the pleadings admitted compliance and disclosed no viable claim.

• Motion to strike
• Justiciability
• Interpretation of the official languages act
• Remedies under the ola and charter
• Application of treasury board policies
• Costs

Read case analysis

Moreau v. Canada (Parliament)

Court

Federal Court

The Federal Court dismissed a motion to decide or strike a section 77 Official Languages Act application, finding the issues required a full merits hearing.

• Official languages act s.77 and s.90
• Definition of federal institution
• Parliamentary privilege
• Motions to strike (federal courts rules 220 and 221)
• Jp morgan plain and obvious test
• Procedure for s.77 applications (part v)

Read case analysis

Beniey v. Canada (Border Services Agency)

Court

Federal Court

The Federal Court dismissed Régis Beniey’s application under section 77 of the Official Languages Act, finding procedural defects, no proven breach, and awarding $9,000 costs.

• Official languages act remedies (s77)
• Language of work (part v)
• Communications and services (part iv)
• Advancement of equality of status and use (part vii)
• Procedural admissibility and delays
• Remedies and costs

Read case analysis

Thibodeau c. Canada

Court

Federal Court of Appeal

The court denied intervention because the proposed interveners failed to demonstrate that their participation would be useful or offer a distinct expertise or perspective beyond what the Crown would present, their asserted interest was largely jurisprudential or speculative regarding potential advantage, and the publicity principle alone does not justify intervention where confidentiality and privilege issues remain to be decided on the merits; accordingly intervention under rule 109 was not warranted and costs were ordered against the interveners.

Source excerpt

• Intervention
• Confidentiality orders
• Privilege
• Publicity of court proceedings
• Rule 109

Read case analysis

Moreau c. Administration Portuaire d'Halifax

Court

Federal Court of Appeal

The extension request was denied and the appeal summarily dismissed because the underlying appeal is doomed to fail: the appellant did not demonstrate irreparable harm required for a mandatory interlocutory injunction, his explanation for delay (lack of funds for transcription) was not reasonable given his financial position, and the court properly exercised its plenary case‑management power to reject an appeal with no realistic prospect of success; costs were awarded to the respondents ($1,000 each).

Source excerpt

• Interlocutory injunction
• Extension of time
• Summary dismissal
• Language rights
• Costs

Read case analysis

Moreau v. Air Canada

Court

Federal Court

The Federal Court partly granted Air Canada’s motion to strike, removing requests for quo warranto, mandamus, and one section 41 claim, but allowing the core section 91 dispute and some remedies to proceed.

• Section 77 ola
• Section 91 ola
• Subparagraph 41(6)(c)(iii) ola
• Motion to strike
• Abuse of process
• Quo warranto

Read case analysis

Couillard v. Canada (Revenue Agency)

Court

Federal Court

The Federal Court held that the CRA’s bilingual staffing designations for auditor positions were objectively justified under s. 91 of the Official Languages Act.

• Language requirements
• Staffing processes
• Bilingual designation
• Section 91 ola
• Remedies and costs
• Official-languages-act

Read case analysis

Moreau v. Halifax Port Authority

Court

Federal Court

The Federal Court dismissed a motion for a mandatory injunction seeking bilingual informal communications and translation of affidavit evidence in an official-languages case.

• Language rights
• Official languages act
• Charter language rights
• Interlocutory injunction
• Translation of evidence
• Costs

Read case analysis

Marleau v. Canada (Justice)

Court

Federal Court

The Federal Court dismissed a motion to stay Patrick Marleau’s Official Languages Act application pending related Quebec Superior Court proceedings.

• Stay of proceedings
• Interests of justice
• Section 41 official languages act
• Section 55 constitution act, 1982
• Jurisdiction
• Duplication of proceedings

Read case analysis