Canada Case Law

Yates v. British Columbia

Yates v. British Columbia (Civil Resolution Tribunal)

Court

Supreme Court of British Columbia

The interim stay is vacated because the petition is premature given the CRT has not rendered a final decision, the applicant cannot demonstrate irreparable harm (monetary benefits are remediable), and the balance of convenience favors allowing the CRT to proceed; prohibition against adverse inference is premature and improper because such inferences are legally possible and reviewable after a final decision; mandamus is unavailable because the CRT has exercised discretion and has not refused to decide nor acted in bad faith.

Source excerpt

• Judicial review
• Stay of proceedings
• Mandamus
• Prohibition
• Prematurity doctrine
• Adverse inference

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MacLean v. Fraser

Court

Supreme Court of Nova Scotia

The court granted a stay of the Board hearing pending the judicial review because there is a serious issue to be tried—namely whether the Board unlawfully assumed jurisdiction over a public complaint and excluded the public without statutory referral or notice—irreparable harm to the public interest in open proceedings would result if the hearing proceeded, and the balance of convenience favoured staying the hearing; the Board’s motions to dismiss the judicial review as out of time or premature were denied.

Source excerpt

• Stay pending judicial review
• Tribunal jurisdiction
• Open court principle
• Prematurity doctrine
• Statutory interpretation of police act

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Everall v. Canada (Attorney General)

Court

Federal Court

Federal Court dismissed a judicial review of CRA’s CERB/CRB reconsideration as premature, finding no final decision had been made, while also dismissing a motion to strike.

• Canada emergency response benefit (cerb)
• Canada recovery benefit (crb)
• Canada revenue agency reconsideration
• Prematurity doctrine
• Procedural fairness
• Reasonableness review

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MacLean v. Fraser

Court

Supreme Court of Nova Scotia

A brief interim stay was required because the Review Board activated a review of a public complaint without a Notice of Review by the disciplined member and contemporaneously excluded the public without notice; those two exceptional and interrelated circumstances raised serious legal issues and a real risk of irreparable prejudice such that the balance of convenience favored a short stay to permit an accelerated full record and stay motion.

Source excerpt

• Stay pending judicial review
• Prematurity doctrine
• Jurisdiction of administrative tribunal
• Public access to hearings
• Abuse of process

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Dugré v. Canada (Attorney General)

Court

Federal Court

La Cour fédérale accueille la motion visant à radier la demande de contrôle judiciaire comme prématurée, jugeant que le processus disciplinaire n’était pas terminé.

• Prematurity doctrine
• Judicial review
• Removal of judges
• Procedural fairness
• Administrative exhaustion
• Prematurity-doctrine

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Quibell v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Geoff Quibell’s judicial review as premature, holding the RCMP conduct process was still ongoing and internal remedies remained available.

• Judicial review
• Limitation period
• Prematurity doctrine
• Appeal rights under rcmp act
• Delegation and internal remedies
• Judicial-review

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Dugré v. Canadian Judicial Council

Court

Federal Court

The Federal Court dismissed a stay motion and struck a judicial review of an Inquiry Committee decision as premature, finding no exceptional circumstances.

• Prematurity doctrine
• Stay of proceedings
• Recusal
• Confidentiality
• Interpretation of inquiries by‑laws
• Judicial-review

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Chu v. British Columbia (Police Complaint Commissioner)

Court

British Columbia Court of Appeal

British Columbia Court of Appeal held the judicial review petitions in police disciplinary proceedings were premature, and dismissed both appeals.

• Prematurity doctrine
• Procedural fairness
• Jurisdiction
• Remedies and remittal
• Police act screening and investigatory powers
• Prematurity-doctrine

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Oberlander v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court dismissed a motion to strike as premature, finding the applicant’s challenge to an inadmissibility-hearing scheduling decision could still succeed.

• Prematurity doctrine
• Interlocutory review
• Procedural fairness
• Charter fairness
• Judicial remedies (certiorari, prohibition)
• Prematurity-doctrine

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Oberlander v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court dismissed a motion to strike an immigration judicial review as premature, finding the application was not obviously doomed and could raise exceptional circumstances.

• Prematurity doctrine
• Interlocutory review
• Res judicata
• Issue estoppel
• Abuse of process
• Leave to seek judicial review

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