Canada Case Law

Wilding v. Salt Spring Island Local Trust Committee

Court

Supreme Court of British Columbia

The petition is dismissed because the SSILTC reasonably concluded development permits were required and reasonably applied its OCP guidelines in refusing the permits; the DFO letter did not legally exempt the Project from permits; the SSILTC had authority to regulate land including intertidal areas and the doctrines of interjurisdictional immunity and paramountcy did not render the guidelines inapplicable; the reconsideration hearing met the required standard of fairness. Parties to bear their own costs.

Source excerpt

• Development permits
• Delegation of authority
• Standard of review (reasonableness)
• Division of powers
• Interjurisdictional immunity
• Paramountcy

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Saskatchewan v. The King

Court

Tax Court of Canada

The Tax Court struck most of Saskatchewan’s appeal pleadings in a fuel-charge assessment dispute, allowed limited amendments, and awarded costs to the Crown.

• Carbon pricing
• Greenhouse gas pollution pricing act
• Ultra vires
• Jurisdiction of tax court
• Interjurisdictional immunity
• Crown immunity

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Opsis Airport Services Inc. v. Quebec (Attorney General)

Court

Supreme Court of Canada

The Supreme Court held that Quebec’s Private Security Act is constitutionally inapplicable to airport and marine security activities under interjurisdictional immunity.

• Interjurisdictional immunity
• Aeronautics
• Navigation and shipping
• Private security regulation
• Reading down remedy
• Doctrine of federal paramountcy (considered but not decided)

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Canada (the King) v. Stonechild

Court

Federal Court of Appeal

Majority: The certification judge erred in the preferability analysis by failing to require the plaintiffs to demonstrate concretely how a single Federal Court class proceeding would fairly and efficiently adjudicate claims that depend on evidence and participation of provincial authorities that the Federal Court may not be able to compel; given jurisdictional and evidentiary limitations and the multitude of individualized issues across provincial regimes, the proposed Federal Court class action is not the preferable procedure and certification must be dismissed.

Source excerpt

• Certification
• Preferability of procedure
• Discovery and production
• Jurisdiction
• Interjurisdictional immunity
• Duty of care

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Canadian National Railway Company v. British Columbia (Environmental Management Act)

Court

British Columbia Court of Appeal

The Court of Appeal upheld provincial spill-preparedness orders against interprovincial railways, finding the law valid, applicable, and not barred by paramountcy.

• Division of powers
• Pith and substance
• Interjurisdictional immunity
• Federal paramountcy
• Spill preparedness and response
• Information disclosure

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Zhang v. Nanaimo Airport Commission

Court

Supreme Court of British Columbia

Petitioners sought to cancel a perpetual easement for airport navigational lighting. The court found no basis under s. 35 of the Property Law Act and dismissed the petition.

• Easement cancellation
• Property law act s.35
• Interjurisdictional immunity
• Agricultural land reserve
• Aeronautics act
• Injunctions

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Scala Development Consultant Ltd. v. Spirit Bay Developments Limited Partnership

Court

Supreme Court of British Columbia

The court appointed a receiver to enforce Scala’s judgment against Spirit Bay and held that s. 89 of the Indian Act did not bar the remedy. The dissolution petition was adjourned generally.

• Indian act s.89 seizure immunity
• First nation land code and framework agreement
• Limited partnership agreement interpretation
• Appointment of receiver (equitable execution)
• Dissolution of limited partnership
• Enforcement of arbitral award

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Liberal Party of Canada v. The Complainants

Court

Supreme Court of British Columbia

Judicial review of an OIPC ruling held that BC privacy law applies to federal political parties, and found no paramountcy, immunity, or fairness breach.

• Paramountcy
• Interjurisdictional immunity
• Privacy statutes
• Judicial review
• Cooperative federalism
• Canada elections act amendments

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Halton (Regional Municipality) v. Canadian National Railway Company

Court

Court of Appeal for Ontario

The application judge’s discretionary denial of sweeping declaratory and injunctive relief was upheld: Halton failed to establish a sufficient fact-specific record showing live controversies for the majority of the listed local laws; for three bylaws the judge correctly applied interjurisdictional immunity because the permitting regime required official plan amendments granting municipalities broad discretion (and lengthy delay) that would substantially impair the core federal power to locate, construct and operate an interprovincial railway undertaking; appeal dismissed and leave to appeal t…

Source excerpt

• Interjurisdictional immunity
• Paramountcy
• Declaratory relief
• Injunction
• Cooperative federalism
• Division of powers

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Gauthier v. Air Canada

Court

Supreme Court of British Columbia

The court dismissed WestJet’s strike application in a class action over additional airfares for disability-related seating and attendant travel, finding the claims were not plainly barred.

• Unconscionability
• Federal paramountcy
• Interjurisdictional immunity
• Accessible transportation regulations (atpdr)
• Statutory interpretation
• Jurisdictional ouster

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