Canada Case Law

Yablecki v. Canada (Attorney General)

Court

Federal Court of Appeal

The Federal Court did not commit a reviewable error in dismissing the application for judicial review for non-compliance with the Federal Courts Rules and court orders because the appellant was put on notice of requirements and deadlines, was granted extensions and warned about non-compliant affidavits, and the dismissal was a permissible exercise of judicial discretion not vitiated by legal or palpable overriding error.

Source excerpt

• Judicial review
• Eligibility for statutory benefits
• Failure to comply with court rules
• Dismissal for delay

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Jorgensen v. Archer Cleantech Inc.

Court

Supreme Court of British Columbia

The court conditionally struck Archer Cleantech Inc.’s response and counterclaim for discovery non-compliance, then granted default judgment unless Archer complied within 14 days.

• Striking pleadings
• Default judgment
• Document production
• Service of orders
• Examination for discovery
• Forgery allegation

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