Canada Case Law

Mackinnon v. Canada (Attorney General)

Court

Federal Court of Appeal

The appeal was moot because the specific dispute (prorogation of the 44th Parliament) had been extinguished by dissolution and a new Parliament, but the Court exercised its discretion to hear the appeal on the merits because an adversarial context remained, the issues are of significant public importance and evasive of review, and adjudication falls within the proper judicial function.

Source excerpt

• Prorogation
• Prerogative powers
• Justiciability
• Judicial review
• Mootness

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Ferreria v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court granted judicial review of IRCC’s return of a Parents and Grandparents Program application, finding the incompleteness decision justiciable and unreasonable.

• Parents and grandparents program
• Completeness check
• Ministerial instructions
• Justiciability
• Reasonableness review
• Redetermination

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Speck v. Canada (Attorney General)

Court

Federal Court of Appeal

The Court held that the CNSC's interpretation of s.10 of the General Regulations was reasonable: the waste rock at issue was a naturally occurring substance, not chemically processed and of radioactivity consistent with regional background, and therefore not "associated with the development, production or use of nuclear energy" for the purposes of the regulatory exemption; the appeal was dismissed.

Source excerpt

• Judicial review
• Statutory interpretation
• Justiciability
• Regulatory exemptions
• Radiation contamination

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Kuznetsov v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court held IRCC’s return of a Parents and Grandparents Program sponsorship as incomplete was justiciable, reasonable, and procedurally fair.

• Parents and grandparents program
• Incomplete application returns
• Justiciability
• Reasonableness review
• Procedural fairness
• Leave to apply for judicial review

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Devgon v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court held that returning a sponsored family class application as incomplete was justiciable and unreasonable because an officer added an unsupported CV requirement.

• Complete application
• Justiciability
• Procedural fairness
• Ministerial instructions
• Reasonableness review
• Judicial-review

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Gitxaala v. British Columbia (Chief Gold Commissioner)

Court

British Columbia Court of Appeal

The Court of Appeal addressed the legal effect of BC’s Declaration Act and UNDRIP in challenges to the mineral claims regime and the duty to consult.

• Undrip implementation
• Declaration act interpretation
• Duty to consult
• Honour of the crown
• Justiciability
• Presumption of conformity

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Grillone v. B. Riley Farber Inc.

Court

Federal Court

The Federal Court dismissed a Rule 51 appeal and upheld substitution of the bankruptcy trustee as respondent under Rule 303, finding the trustee was directly affected by the relief sought.

• Rule 303 federal courts rules
• Justiciability
• Substitution of parties
• Service and procedural fairness
• Costs
• Case management

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United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (United Steelworkers) v. Mark’s Work Wearhouse Ltd.

Court

Federal Court

The Federal Court dismissed an application for judicial review of the CORE’s final report, holding the report was advisory and not justiciable.

• Judicial review
• Justiciability
• Public interest standing
• Ombudsperson mandate
• Living wage
• Judicial-review

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Lho'Imggin v. Canada

Court

Federal Court

The Federal Court struck a climate-change Charter claim for insufficient pleading, but granted leave to amend because the defects appeared curable.

• Section 7 charter
• Justiciability
• Customary international law
• Climate change obligations
• Pleading standards
• Section-7-charter

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Moreau v. Ottawa International Airport Authority

Court

Federal Court

The Federal Court struck a section 77 Official Languages Act application challenging airport signage order, holding the pleadings admitted compliance and disclosed no viable claim.

• Motion to strike
• Justiciability
• Interpretation of the official languages act
• Remedies under the ola and charter
• Application of treasury board policies
• Costs

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