Canada Case Law

Wanakome Inc. v. Martin

Court

Federal Court of Appeal

The Federal Court had jurisdiction to decide ownership of the unregistered WANAKOME trademark and properly applied the legal tests; its factual findings on unfair competition and on the validity of the copyright registration were not palpably and overridingly erroneous, therefore the appellate court will not intervene and the appeal is dismissed.

Source excerpt

• Trademark ownership
• Unfair competition under trademarks act ss 7(b),(c),(d)
• Copyright expungement under copyright act s 57(4)
• Jurisdiction of federal court
• Standard of review (palpable and overriding error)

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McIntosh v. Canada (Attorney General)

Court

Federal Court

The Federal Court struck Adan McIntosh’s statement of claim without leave to amend, finding no reasonable cause of action and an abuse of process.

• Charter damages
• Motion to strike under rule 221
• Simplified action rules (rules 292-299)
• Security for costs
• Abuse of process
• Collateral attack

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Levant v. Lametti

Court

Federal Court

The Federal Court dismissed an interlocutory injunction motion about David Lametti’s X account, finding no clear, non-speculative evidence of irreparable harm after the account was reactivated and an undertaking was offered.

• Interlocutory injunction
• Preservation of government records
• Ministerial social media accounts
• Jurisdiction of federal court
• Charter freedom of expression
• Judicial review

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Sioui c. Conseil de la Nation Huronne-Wendat

Court

Federal Court

La Cour fédérale rejette une demande de contrôle judiciaire, concluant que le tribunal arbitral n’est ni un office fédéral ni un décideur de droit public.

• Jurisdiction of federal court
• Federal vs private tribunal
• Arbitration
• Judicial review
• Termination of employment
• Juridiction-de-la-cour-federale

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Camara v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court dismissed a judicial review as premature because no final study-permit refusal had been made and the statutory examination had not ended.

• Study permit
• Statutory examination
• Exhaustion of remedies
• Jurisdiction of federal court
• Voluntariness of consent
• Study-permit

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Kimaev v. Ontario (Transportation)

Court

Federal Court

The Federal Court struck Mr. Kimaev’s claim against Ontario’s Minister of Transportation for lack of jurisdiction, without leave to amend, and dismissed related motions.

• Jurisdiction of federal court
• Crown immunity/separation federal vs provincial crown
• Service of process
• Statutory interpretation
• Charter remedies
• Notice requirements under provincial crown liability statute

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Sewak v. Canada

Court

Federal Court

The Federal Court dismissed an appeal from an order striking a self-represented plaintiff’s claim without leave to amend, and upheld costs.

• Motion to strike
• Jurisdiction of federal court
• Charter damages
• Judicial immunity
• Abuse of process
• Leave to amend

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George v. Heiltsuk First Nation

Court

Federal Court

The Federal Court refused to summarily dismiss a judicial review challenge to Heiltsuk band council resolutions and related communications, finding jurisdictional issues needed a merits hearing.

• Jurisdiction of federal court
• Band council resolutions (bcrs)
• Residency bylaws
• Self-government and indigenous law
• Public v private character of decisions
• Summary dismissal

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Feeney v. Canada

Court

Federal Court of Appeal

The Federal Court correctly struck the Statement of Claim as it plainly disclosed no reasonable cause of action: the claim lacked material particulars, failed to connect alleged torts to the Federal Crown, and the Federal Court lacks jurisdiction over alleged tortious conduct of Alberta judges; the appellant was properly declared a vexatious litigant based on his litigation history and prior court orders.

Source excerpt

• Strike out
• Vexatious litigant
• Jurisdiction of federal court
• Judicial immunity
• Crown liability
• Federal courts rules

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Curtis v. Canada

Curtis v. Canada (Employment, Workforce Development and Disability Inclusion)

Court

Federal Court

The Federal Court struck Gary Curtis’s amended pleading without leave to amend, dismissed the actions against the Bank of Nova Scotia and the Crown defendants, and awarded costs.

• Motions to strike
• Rule 221
• Particularity of pleadings
• Misfeasance in public office
• Negligence
• Abuse of process

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