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The Federal Court struck a climate-change Charter claim for insufficient pleading, but granted leave to amend because the defects appeared curable.
The exclusion of the Associate Appellant under Article 1F(a) is reversed because the Minister failed to establish serious reasons to consider apartheid was a crime against humanity under customary international law in 1990-1994 and failed to prove the Associate Appellant made a voluntary, significant and knowing contribution (recklessness inadequate and contribution not sufficiently significant given rank, duties and branch). However the appeal is dismissed overall because the Appellants failed to prove objective basis/nexus to Convention grounds or a personalized risk or gender-based persecu…
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The Supreme Court of Canada held that the act of state doctrine is not part of Canadian common law and allowed customary international law claims to proceed.
The British Columbia Court of Appeal granted EarthRights International leave to intervene in Nevsun’s appeal, finding its public-law perspective could assist on key international law issues.
Rule 17.05(2) authorizes service in non‑Hague Convention states either in accordance with Ontario Rules or the law of the destination state; the rule's clear operational choice rebuts the presumption that the Rules must be read to require compliance with foreign service laws; service pursuant to r.17.05(2) that comes to the defendant's attention may be validated and does not offend customary international law or comity in this context; appeal dismissed and costs awarded.
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The strike out was correct: the s.15 Charter claim is impermissibly retrospective because the head tax legislation was repealed in 1947 and the predominating act of discrimination is historical; the appellants cannot establish a binding pre-1947 customary international law prohibiting racial discrimination and any such norm would be ousted by contrary domestic statute; and the head tax statutes provide a juristic reason defeating an unjust enrichment claim, so the claim discloses no reasonable cause of action.
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