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The Tribunal partly allowed the Respondent’s motion, striking settled pre-2019 allegations and later Esquimalt Transition Unit allegations, while keeping the remaining complaint in scope.
The Federal Court held Air Canada liable in part for a 33-day delay after visas were cancelled at check-in, and dismissed claims against the Crown.
Given the complexity, length and significance of the appeals, and prevailing principles that unsuccessful appellants should ordinarily pay costs, the court fixed partial indemnity costs at the amounts claimed: Town and the Families to pay Saugeen $176,294.43 (all inclusive); Town to pay Canada $110,120.00 (all inclusive). The court rejected the argument that Crown wrongdoing justified departing from ordinary costs rules and noted the Town’s indemnity claim against Canada is reserved for Phase II.
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Curtis v. Canada (Employment, Workforce Development and Disability Inclusion)
The Federal Court of Appeal affirmed the Federal Court's striking of the Amended Amended Statement of Claim because the court lacked jurisdiction over several of the pleaded claims, the pleading failed to disclose a cause of action with the required particularity and was scandalous, vexatious and an abuse of process, and the judge did not err in exercising discretion to refuse leave to amend.
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The Federal Court dismissed Louis Dufour’s action for delay under Rule 167, finding more than a decade of inactivity, no valid excuse, and likely prejudice to the Crown.
The Federal Court consolidated and certified a proposed class action over alleged CSC interception of inmate communications, including privileged lawyer communications, and approved the parties’ litigation plan.
The Federal Court struck the plaintiff’s statement of claim in full for no reasonable cause of action, finding the pleading targeted the wrong defendant and was an abuse of process.
The court upheld a 2021 settlement, found it not unconscionable or obtained by duress, dismissed most claims, allowed a discrete assault claim, and rejected a vexatious-litigant order.
Section 9 of the CLPA barred the class claim because the BSE‑specific programs and payments were made to compensate producers for losses arising from the presence of BSE and the consequent market closures, and those payments were made on the same factual basis as the action.
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The Federal Court dismissed Sylvie Robitaille’s damages action against the Crown, finding no actionable fault, no Charter breach, and no basis for punitive damages.
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