Canada Case Law

Murphy v. Nova Scotia (Office of Information and Privacy Commissioner)

Court

Supreme Court of Nova Scotia

The Statement of Claim was struck as against the OIPC Defendants because it failed to plead the essential material facts (who, what, when) necessary to disclose any cause of action against those statutory offices; naming deficiencies were not dispositive but the absence of pleaded material facts made the claim fatally deficient under Rule 13.01(3)(a).

Source excerpt

• Freedom of information and protection of privacy act (foipop)
• Privacy review officer act (pro act)
• Pleading standards
• Summary dismissal / strike
• Statutory duties of review officer
• Naming of parties

Read case analysis

Alldowell c. Canada (Procureur général)

Court

Federal Court

Contrôle judiciaire accueilli pour atteinte à l’équité procédurale; la décision de grief est annulée et renvoyée à un nouveau décideur. Dépens de 500 $ accordés au défendeur.

• Procedural fairness
• Remittal
• Naming of parties
• Costs allocation
• Grievance review
• Procedural-fairness

Read case analysis

Dutchak v. Canada (Attorney General)

Court

Federal Court of Appeal

Motion granted to strike the Attorney General of Canada and the Minister of Labour as respondents because Rule 303(2) did not apply and they were not directly affected persons under Rule 303(1); the Canada Industrial Relations Board cannot be named as a respondent to a judicial review of its own decision.

Source excerpt

• Naming of parties
• Federal courts rules (rule 303)
• Service of documents
• Judicial review

Read case analysis

Nowoselsky v. Canada (Canadian Human Rights Commission)

Court

Federal Court of Appeal

Rule 338 governs the naming of respondents in an appeal; because the Commission was a party in the first instance adverse in interest to the appellant, it is an appropriate respondent in the appeal and the Commission's motion to be removed as respondent is dismissed.

Source excerpt

• Naming of parties
• Procedural rules
• Rule 303
• Rule 338
• Judicial review procedure

Read case analysis