Canada Case Law

KG v. HG

Court

Supreme Court of Nova Scotia

Subpoenas for Associate Chief Justice O'Neil and the judicial assistants are dismissed because the communications alleged fall within judicial functions and are protected by judicial immunity; there was no reliable evidence that Justice Forgeron personally communicated with DCS; however, subpoenas for two Department of Community Services employees (Kathryn Giacomantonio and Denise Crowell) are justified to resolve inconsistencies between DCS records and the court file and to ensure integrity of the record, subject to privilege, confidentiality and admissibility determinations by the presiding…

Source excerpt

• Subpoenas
• Judicial immunity
• Ex parte communications
• Parental alienation
• Court record integrity

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Gardaworld Cash Services Canada Corporation v. Smith

Court

Federal Court

The Federal Court quashed an unjust-dismissal adjudicator’s decision after finding a reasonable apprehension of bias from ex parte communications, hostility to counsel, and the punitive award process.

• Reasonable apprehension of bias
• Procedural fairness
• Unjust dismissal
• Punitive damages
• Ex parte communications
• Reasonable-apprehension-of-bias

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Grey v. Whitefish Lake First Nation

Court

Federal Court

The Federal Court dismissed James Grey’s judicial review of a First Nation election appeal decision, finding no reasonable apprehension of bias and no costs.

• Reasonable apprehension of bias
• Judicial review
• Appointment of arbitrator
• Customary election regulations
• Ex parte communications
• Reasonable-apprehension-of-bias

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Hunt v. The Owners, Strata Plan LMS 2556

Court

British Columbia Court of Appeal

The Court of Appeal allowed the Hunts’ appeal, holding that undisclosed ex parte communications between the strata’s lawyer and arbitrators created a reasonable apprehension of bias.

• Reasonable apprehension of bias
• Ex parte communications
• Mediation
• Costs awards
• Collateral attack
• Reasonable-apprehension-of-bias

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Song v. Westwood Plateau Golf & Country Club

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed the Songs’ appeal from an order striking parts of their civil claim as an abuse of process.

• Striking pleadings
• Standing of non-party to apply
• Abuse of process
• Judicial bias
• Ex parte communications
• Costs

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Etiz v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed Mr. Etiz’s judicial review of a refugee decision, holding the Board reasonably rejected his conscientious objector claim and that any section 97 and fairness errors were not reviewable.

• Conscientious objection
• Compulsory military service
• Credible fear
• Section 96 irpa
• Section 97 irpa
• Reasonableness review

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Dickhout v. Parker

Court

Supreme Court of British Columbia

The court held that a Discipline Authority created a reasonable apprehension of bias by privately commissioning an expert report, set aside the recusal refusal, and remitted the matter.

• Reasonable apprehension of bias
• Recusal
• Ex parte communications
• Discipline authority duties
• Use of force expert evidence
• Reasonable-apprehension-of-bias

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Wayzhushk Onigum Nation v. Kakeway

Court

Federal Court

The Federal Court dismissed judicial review of a Canada Labour Code adjudication, finding no breach of procedural fairness and no reviewable error in the award.

• Procedural fairness
• Unjust dismissal
• Canada labour code adjudication
• Ex parte communications
• Standard of review - patent unreasonableness
• Remedies - salary in lieu of notice

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