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Constitutional law 2024 FC 930

Pascuet v. Canada (the King)

The Federal Court struck Pascuet’s claim against SkyService, finding no jurisdiction and no reasonable cause of action, and refused leave to amend.

  • Charter rights
  • Canadian human rights act
  • Canada labour code
  • Agent of the crown
  • Mandatory vaccination policy
  • Jurisdiction
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Administrative law 2023 FC 1588

Gaskin v. Rogers

La Cour fédérale a radié la déclaration du dossier et rejeté l’action sans अनुमति d’amendement, jugeant le recours vexatoire, sans fondement et abusif.

  • Rule 74 removal
  • Abuse of process
  • Vexatious litigation
  • Judicial review
  • Canadian human rights act
  • Remedies unavailable in federal court
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Administrative law 2023 FCA 208

Tazehkand v. Bank of Canada

The Commission’s investigation and decision were procedurally fair (neutral and sufficiently thorough) and substantively reasonable on the record (the appellant failed to demonstrate he possessed the essential, relevant qualifications or that race/origin was a factor); the Federal Court did not err in excluding the Privacy Commissioner’s report as it was not part of the administrative record, and the costs award in favor of the Bank was within the trial court’s discretion; appeal dismissed with costs to the Bank fixed at $2,500.00.

  • Procedural fairness
  • Reasonableness review
  • Canadian human rights act
  • Commission investigation and gatekeeping
  • Admissibility of evidence
  • Costs
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Employment insurance 2023 SST 1253

LM v Canada Employment Insurance Commission

Leave to appeal was refused because the applicant failed to raise an arguable case that the General Division misinterpreted 'misconduct'; the issues he raised (reasonableness or legality of the employer policy, Charter or CHRA claims, and wrongful suspension) are irrelevant to the misconduct question and outside the tribunal's jurisdiction.

  • Misconduct
  • Leave to appeal
  • Vaccination policy
  • Suspension
  • Charter rights
  • Canadian human rights act
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Administrative law 2023 FC 916

Ontario (Indigenous Police) v. Canada (Public Safety)

The Federal Court granted part of IPCO’s motion, ordering temporary reinstatement of funding for three Indigenous police services and limited relief from two section 6 prohibitions.

  • First nations and inuit policing program (fnipp)
  • Canadian human rights act
  • Federal courts act s.44
  • Interlocutory injunctions
  • Honour of the crown
  • Issue estoppel
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Tort 2023 FCA 132

Asghar v. Canada

The Federal Court correctly applied the Imperial Tobacco test and reasonably concluded the Statement of Claim disclosed no reasonable cause of action, was inadequately pleaded, and was vexatious and scandalous such that it could be struck in its entirety without leave to amend; the Federal Court's exercise of discretion contained no reviewable error and the appeal is dismissed.

  • Motion to strike
  • Leave to amend
  • Charter breach
  • Jurisdiction
  • Vexatious litigation
  • Privacy
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Constitutional law 2023 FC 138

Air Canada Pilots Association v. Air Canada

The Federal Court dismissed judicial review of a CHRT decision, holding that the disability-benefit exemption tied to “normal pensionable age” did not violate s. 15(1) of the Charter.

  • Subsection 15(1) charter
  • Age discrimination
  • Disability benefits
  • Canadian human rights act
  • Pensionable age
  • Judicial review
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Administrative law 2022 FCA 182

Christoforou v. John Grant Haulage Ltd.

The Federal Court of Appeal held that reasonableness is the applicable standard of review and that the CHRT reasonably found the appellant failed to mitigate his damages; therefore the CHRT remedial decision was upheld and the appeal dismissed with costs of $2,000.00.

  • Standard of review
  • Mitigation of damages
  • Judicial review
  • Remedies
  • Canadian human rights act
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Civil procedure 2022 FC 826

Curtis v. Canada

Curtis v. Canada (Employment, Workforce Development and Disability Inclusion)

The Federal Court struck Gary Curtis’s amended pleading without leave to amend, dismissed the actions against the Bank of Nova Scotia and the Crown defendants, and awarded costs.

  • Motions to strike
  • Rule 221
  • Particularity of pleadings
  • Misfeasance in public office
  • Negligence
  • Abuse of process
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Administrative law 2022 FC 461

Davidson v. Canada (Attorney General)

The Federal Court upheld the Commission’s dismissal of a human rights complaint, finding the CBSA’s language requirement was reasonably applied and not shown to be racially discriminatory.

  • Canadian human rights act
  • Official languages act
  • Language proficiency requirements
  • Discrimination on the basis of race and colour
  • Standard of review — reasonableness
  • Administrative-law
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.