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The Federal Court dismissed Barbara Blair’s judicial review of a CTSSP eligibility denial, finding the Administrator could seek further MDC advice on reconsideration and that the decision was reasonable.
The court admitted an economist’s affidavit on certification reconsideration and refused some proposed pleading amendments, holding CPA discretion—not Palmer fresh-evidence rules—applied.
The Federal Court dismissed Vern Acoose’s challenge to the Zagimē Anishinabēk election, finding most alleged irregularities unproven or не affecting the result.
The court exercised its discretion to exclude and strike affidavit material that constituted new evidence not before the CIRB or that amounted to argument; specifically it struck Exhibits B, D, G, H, I, J and K and the identified affidavit paragraphs as inadmissible on judicial review, and ordered the applicant to file an amended affidavit and amended application record reflecting the struck material.
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The Federal Court erred in making a final determination denying public interest standing on a preliminary motion without applying the Finlay/Apotex criteria and despite an unsettled evidentiary record; the standing question should be determined with the merits, so the appeal is allowed, the Federal Court order set aside, and the matter remitted for hearing on the merits.
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The Motion Judge did not commit a palpable and overriding error in finding Spectrum failed to establish two essential Hennelly criteria (continuing intention to appeal and a reasonable explanation for delay); absent those, dismissal of the extension motion was properly within judicial discretion and must stand.
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The Court of Appeal dismissed an application to vary a chambers order denying leave to appeal and upheld the refusal to extend time for judicial review of a WCAT decision.
The Court of Appeal dismissed an application to vary a chambers order refusing to reinstate an abandoned appeal after a 4.5-year delay.
The appeal was quashed because the order appealed from dismissed a summary judgment motion and was interlocutory, and the procedural route for interlocutory appeals (leave/extension to seek leave) had not been followed; the motion judge's obiter remarks did not alter that requirement.
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The prothonotary did not err in denying CCM leave to intervene and the Federal Court judge correctly refused to disturb that exercise of discretion: Rothmans factors remain the governing test, s.45 proceedings retain a public interest component but it was outweighed here by CCM's contractual undertaking and parallel infringement litigation such that the interests of justice did not require intervention; Siemens is not an absolute bar but supports caution against using Rule 109 to substitute a respondent.
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