Canada Case Law

Canada v. Chief Todd Peigan

Court

Federal Court of Appeal

The Federal Court properly applied the law on motions to strike, read the claim holistically, and correctly held that, assuming the pleadings' facts to be true, allegations that Saskatchewan failed to give favourable consideration, act in good faith, or perform the Settlement Agreement consistent with the honour of the Crown disclose arguable causes of action requiring evidence; there was no palpable and overriding error in declining to strike those portions of the claim, and the appeal is dismissed with costs.

Source excerpt

• Motions to strike
• Honour of the crown
• Duty of good faith
• Duty of honest performance
• Settlement agreement interpretation
• Discrimination

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Borden v. Royal Canadian Mounted Police

Court

Canadian Human Rights Tribunal

The Tribunal dismissed a CHRA complaint against the RCMP, finding the officers who reported the matter were municipal police seconded to CFSEU-BC, not RCMP members or agents.

• Discrimination
• Racial profiling
• Accommodation
• Jurisdiction
• Vicarious liability
• Secondment

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Carlick v. Taku River Tlingit First Nation

Court

Canadian Human Rights Tribunal

The Tribunal denied a motion to expand a human rights complaint to add sex and race discrimination, finding the new grounds would create a different theory of the case.

• Discrimination
• Family status
• Sex discrimination
• Race/indigeneity discrimination
• Retaliation
• Tribunal jurisdiction

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Rose et al. v. Correctional Service of Canada

Court

Canadian Human Rights Tribunal

The Tribunal denied the Respondent’s motion, holding that monetary remedies for alleged victims did not exceed the scope of this representative CHRA complaint.

• Discrimination
• Representative complaints
• Remedies
• Systemic discrimination
• Compensation for pain and suffering
• Human-rights

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Tibilla v. Canada Revenue Agency

Court

Canadian Human Rights Tribunal

The Tribunal partially granted a stay, pausing retaliation allegations under section 14.1 while allowing discrimination claims under section 7 to proceed in phases.

• Stay of proceedings
• Bifurcation
• Retaliation
• Discrimination
• Issue estoppel
• Judicial review

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C.D. v. Canadian Armed Forces

Court

Canadian Human Rights Tribunal

Tribunal case management ruling ordering the Respondent to provide detailed witness summaries and complete document disclosure by March 20, 2026.

• Discrimination
• Harassment
• Accommodation
• Disclosure and witness summaries
• Tribunal procedure and case management
• Human-rights

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Papouchine v. College of Immigration and Citizenship Consultants

Court

Federal Court

The Federal Court declared Alexandre Papouchine a vexatious litigant, stayed his Federal Court proceedings, and imposed a leave requirement, but did not dismiss the underlying judicial review.

• Vexatious litigant
• Section 40 federal courts act
• Leave to proceed
• Access to court
• Discrimination
• Accommodation for disability

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Benner v. Royal Canadian Mounted Police

Court

Canadian Human Rights Tribunal

The Tribunal denied the RCMP’s request to strike parts of Joanna Benner’s amended pleadings, but required more detailed particulars about several allegations.

• Discrimination
• Harassment
• Duty to accommodate
• Scope of complaint
• Pleadings and particularity
• Commission referral

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Hanna v. Canada (Attorney General)

Court

Federal Court

The Federal Court set aside the SAC’s grievance decision and ordered an outside investigation into Daniel Hanna’s discrimination allegations about Elder services at Bath Institution.

• Procedural fairness
• Discrimination
• Prisoner grievance process
• Outside investigation
• Commissioner’s directive 081
• Elder services

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SM v. Canada (Attorney General)

Court

Federal Court

The Federal Court granted judicial review, finding the Tribunal misapplied the prima facie discrimination test, ignored key evidence, and remitted the matter to a different member.

• Discrimination
• Prima facie burden
• Systemic racism
• Employment equity
• Judicial review
• Standard of review (reasonableness)

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