Canada Case Law

Carvery v. Nova Scotia (Attorney General)

Court

Supreme Court of Nova Scotia

The Proceedings Against the Crown Act does not, on proper construction, insulate the Province from substantive equitable claims for breach of fiduciary duty; therefore the plaintiff's fiduciary claim against the Province is not plain and obvious to fail and survives the summary judgment motion. However, the Province cannot be held vicariously liable for an employee's breach of fiduciary duty and summary judgment is granted dismissing the vicarious liability claim.

Source excerpt

• Limitation of actions
• Proceedings against the crown act
• Petition of right
• Vicarious liability
• Breach of fiduciary duty
• Summary judgment

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Murray v. Ontario

Court

Court of Appeal for Ontario

Sections 28 and 29 of the 1970 Proceedings Against the Crown Act remain in force despite omission from later consolidations; those sections apply to claims relating to acts or omissions occurring before September 1, 1963 and tie entitlement to the event date (not discoverability); as a result the appellant cannot pursue the pre‑1963 claims by statement of claim and must proceed, if at all, by petition of right; appeal dismissed.

Source excerpt

• Crown immunity
• Proceedings against the crown act
• Petition of right
• Statute consolidation and repeal
• Discoverability
• Tort liability against the crown

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S.A.D. v. British Columbia

Court

British Columbia Court of Appeal

The court held that discoverability applied when interpreting s. 17 of British Columbia’s Crown Proceeding Act, so the plaintiffs’ claims were not barred simply because the abuse occurred before 1974.

• Crown immunity
• Discoverability rule
• Statute of limitations
• Breach of fiduciary duty
• Petition of right
• Retroactivity

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Air Canada v. B.C. (A.G.)

Court

Supreme Court of Canada

The Supreme Court of Canada held that the Attorney General had to advise the Lieutenant Governor to grant a fiat, because refusal could not be used to retain money taken under an invalid statute.

• Fiat
• Petition of right
• Mandamus
• Ultra vires
• Recovery of taxes
• Attorney general duties

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Iwasaki v. R.

Court

Supreme Court of Canada

The Supreme Court of Canada dismissed an appeal over wartime vesting and sale of Japanese Canadian property, holding the release barred the claim.

• War measures act
• Custodian of enemy property
• Orders in council
• Release
• Petition of right
• Vagueness doctrine

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R. v. J.B. & Sons Co. Ltd.

Court

Supreme Court of Canada

The Supreme Court of Canada held that the Exchequer Court had exclusive jurisdiction over the refund claim and that the Ontario judgment did not bind the Crown.

• Sales tax
• Refunds
• Exemption repeal
• Contract interpretation
• Jurisdiction of exchequer court
• Petition of right

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Caisse Populaire de St-Calixte de Kilkenny c. La Reine

Court

Supreme Court of Canada

La Cour suprême du Canada rejette l’appel dans une affaire de responsabilité de la Couronne liée au vol d’un colis postal, en raison de l’article 40 de la Loi sur les postes.

• Petition of right
• Agency vs independent contractor
• Statutory bar
• Theft of mail
• Post office act s.40
• Crown-liability

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Pfizer Corporation v. The Queen

Court

Supreme Court of Canada

The Supreme Court of Canada held that Limmits biscuits were not exempt foodstuffs under Schedule III and were taxable, dismissing Pfizer’s appeal.

• Exemption
• Foodstuffs
• Pharmaceuticals
• Statutory interpretation
• Schedule iii
• Petition of right

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Magda v. The Queen

Court

Supreme Court of Canada

The Supreme Court of Canada held that Magda’s petition of right did not disclose tortious negligence by Crown servants and dismissed the appeal.

• Petition of right
• Respondeat superior
• Duty of care
• Internment
• Statutory limitation
• Crown-liability

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The Queen v. Doig

Court

Supreme Court of Canada

The Supreme Court of Canada held that a claim for missing money exhibits amounted to a claim against the Crown and had to be brought by petition of right.

• Counterfeiting
• Custody of exhibits
• Petition of right
• Crown liability
• Jurisdiction
• Crown-liability

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