Canada Case Law

Metlakatla First Nation v. Prince Rupert Port Authority

Court

Supreme Court of British Columbia

The Court held that, except for the mandamus-style order seeking an order that PRPA engage in consultations (Part 2, para. 5), Metlakatla's Amended Claim pleads reasonable private law causes of action (breach of fiduciary duty, breach of duty to consult, negligent misrepresentation, unjust enrichment) and is not a plain and obvious collateral attack on the Crown Approval; accordingly PRPA's application to strike is dismissed except that Part 2, para. 5 is struck as falling within the exclusive jurisdiction of the Federal Court under s.18 of the Federal Courts Act.

Source excerpt

• Duty to consult
• Fiduciary duty
• Negligent misrepresentation
• Unjust enrichment
• Judicial review jurisdiction
• Federal courts act s.18

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Watson v. Scouts Canada

Court

Supreme Court of British Columbia

Scouts Canada sought to strike petition paragraphs for lack of jurisdiction, but the court held they were legal arguments and dismissed the application.

• Jurisdiction
• Judicial review
• Federal courts act s.18
• Private association vs statutory body
• Pleading standards
• Judicial-review

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Strickland v. Canada (Attorney General)

Court

Supreme Court of Canada

The Supreme Court held that provincial superior courts can assess the validity of federal child support guidelines when necessary in divorce proceedings, and dismissed the appeal.

• Judicial review
• Child support guidelines
• Jurisdiction of provincial superior courts
• Ultra vires challenge
• Federal courts act s.18
• Divorce act s.26.1

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861808 Ontario Inc. v. Canada (Revenue Agency)

Court

Court of Appeal for Ontario

Section 18(1) of the Federal Courts Act provides the Federal Court with exclusive original jurisdiction to grant injunctions against federal boards, commissions or tribunals; that exclusivity extends to interim injunctions and applies to the CRA when exercising statutory tax collection powers. Therefore the provincial superior court lacked jurisdiction to grant the injunction sought and the motion judge's order striking the injunction claim was correct.

Source excerpt

• Jurisdiction
• Injunction
• Federal courts act s.18
• Tax collection
• Costs

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Parrish & Heimbecker v. Canada

Court

Federal Court of Appeal

The appeal is dismissed: where the determination of the lawfulness of a federal board, commission or tribunal decision is central, the claimant must first seek judicial review under s.18 of the Federal Courts Act and have the decision set aside before pursuing a damages action; section 8 of the CLPA does not supply an alternate basis to avoid this requirement; judicial review should proceed to conclusion before the damages action resumes.

Source excerpt

• Judicial review
• Statutory interpretation
• Limitation periods
• Misfeasance in public office
• Damages
• Crown liability and proceedings act s.8

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Canada (Attorney General) v. Hotte

Court

Federal Court

The Federal Court dismissed an Attorney General application for judicial review as premature, holding the Human Rights Commission had not yet finished its process.

• Jurisdiction
• Exhaustion of remedies
• Judicial review
• Prematurity
• Canadian human rights act s.41
• Federal courts act s.18

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Gardiner v. Canada (Attorney General)

Court

Federal Court

La Cour fédérale accueille la requête en radiation: l’affaire ne révèle pas de base de compétence suffisante pour le mandamus et vise le Procureur général en termes généraux.

• Mandamus
• Federal courts act s.18
• Charter rights
• Jurisdiction
• Alternative remedy (civil action for damages)
• Judicial-review

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