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Canada Case Law

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Administrative law 2026 BCCA 91

British Columbia (Minister of Education and Child Care) v. Duncan

Court
British Columbia Court of Appeal

Appeal dismissed. It was not plain and obvious that the procedural fairness or bad faith/improper purpose allegations had no reasonable prospect of success; the chambers judge did not err in refusing to strike those allegations and in ordering production of documents (including specified extra‑record communications and a detailed list of Cabinet records) necessary for the court to fulfil its supervisory role on judicial review; document production orders were within the chambers judge's discretion and are entitled to deference.

Source excerpt

  • Procedural fairness
  • Bad faith
  • Improper purpose
  • Order in council
  • Record on judicial review
  • Extra-record evidence
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Administrative law 2025 BCSC 1566

Cassiar Jade Contracting Inc. v. British Columbia

Court
Supreme Court of British Columbia

La Corte concedió permiso para enmendar la demanda civil, al considerar que las nuevas alegaciones de misfeasance in public office estaban suficientemente formuladas por ahora.

  • Misfeasance in public office
  • Expropriation
  • Order in council
  • Leave to amend pleadings
  • Particularity in pleadings
  • Aboriginal title and agreements
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Administrative law 2023 BCCA 310

British Columbia (Lieutenant Governor in Council) v. Canada Mink Breeders Association

Court
British Columbia Court of Appeal

Appeal about the record required for judicial review of a Cabinet Order in Council phasing out mink farming. The Court held the record is prima facie the material actually before Cabinet.

  • Record of the proceeding
  • Order in council
  • Cabinet privilege
  • Public interest immunity
  • Vires of subordinate legislation
  • Production order
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Administrative law 2023 FCA 163

Roseau River First Nation v. Canada (Attorney General)

Court
Federal Court of Appeal

The appeals are dismissed: the Governor in Council’s decision to issue Order in Council 2019-0784 was reasonable in light of the NEB’s extensive process, findings and conditions, plus Crown supplemental consultations and accommodations; the Crown fulfilled its duty to consult with the appellants on the evidence before the Court.

Source excerpt

  • Duty to consult
  • Order in council
  • Reasonableness review
  • Crown-indigenous consultation and accommodation
  • Certificate of public convenience and necessity
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Administrative law 2021 FC 496

Parker v. Canada (Attorney General)

Court
Federal Court

The Federal Court granted in part Rule 317 motions for disclosure in firearm-regulation judicial reviews and ordered sealed filing of documents described by the Privy Council Office.

  • Cabinet privilege
  • Rule 317 disclosure
  • Canada evidence act s.39
  • Order in council
  • Firearms regulation
  • Cabinet-privilege
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Property 2020 SCC 37

Hydro-Québec v. Matta

Court
Supreme Court of Canada

The Supreme Court held that post-expropriation servitude agreements, read on their clear terms, allowed Hydro-Québec to route a second transmission line across the lots.

  • Servitude interpretation
  • Conventional servitudes vs expropriation
  • Order in council
  • Injunction
  • Infrastructure modernization
  • Transmission line reconfiguration
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Administrative law 2019 FC 638

Morin v. Canada (Attorney General)

Court
Federal Court

The Federal Court granted judicial review, found a 14-month delay breached procedural fairness, and declared Ronald Andrew Morin elected as councillor of Enoch First Nation Band Council.

  • Judicial review
  • Procedural fairness
  • Declaratory relief
  • Order in council
  • Indian act s79
  • Election recount
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Aboriginal law 2018 FCA 89

Bigstone Cree Nation v. Nova Gas Transmission Ltd.

Court
Federal Court of Appeal

The Court held that, on a reasonableness standard, the Crown fulfilled its duty to consult and accommodate Bigstone Cree Nation: reliance on the NEB process and the MPMO post-report consultations was reasonable; the NEB Conditions and commitments addressed concerns (including caribou mitigation and monitoring) and did not unlawfully delegate the duty to consult; the OIC and CCAR provided adequate reasons; and the application for judicial review was dismissed with costs.

Source excerpt

  • Duty to consult
  • Accommodation
  • Order in council
  • Environmental assessment
  • Species at risk
  • Caribou habitat
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Immigration law 2017 FC 1050

Mathos v. Canada (Citizenship and Immigration)

Court
Federal Court

The Federal Court held that the RAD lacked jurisdiction because s. 167 of the Economic Action Plan 2013 Act bars appeals for claims referred between August 15 and December 15, 2012.

  • Refugee appeal division jurisdiction
  • Coming-into-force provisions
  • Retrospective application of statute
  • Order in council
  • Refugee protection division rules
  • Judicial-review
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.