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The Federal Court dismissed an injunction motion to halt a Canadian Forces Administrative Review, finding irreparable harm was not shown and intervention was not justified.
The CMAC upheld a sentence appeal in a military theft case, finding no requirement for imprisonment absent exceptional circumstances and no demonstrable unfitness.
The motions to strike and for summary judgment were granted because significant portions of the plaintiff's claims were governed by the National Defence Act grievance process or the Code of Service Discipline and thus not properly before the court, other claims were inadequately pleaded under Rule 13, and s.92 of the Compensation Act required a stay; having applied Tariff C principles and relevant authorities while exercising discretion and considering but not capitulating to the plaintiff's limited evidence of impecuniosity, the court awarded party-and-party costs of $18,000 and disbursement…
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