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The Tax Court struck specified paragraphs of the Amended Notice of Appeal, holding they alleged CRA misconduct, Charter breaches, and relief outside its jurisdiction.
The stay motion was dismissed because a stay under Rule 90.41 is not an appropriate mechanism to prevent publication and the appellant did not seek or justify a confidentiality order under Rule 85.04; the motion to amend was granted in part because the proposed ground alleging reasonable apprehension of bias was arguable and reasonably necessary, while proposed amendments alleging denial of public interest standing and new section 15 Charter claims were unsustainable or unsuitable to be raised for the first time on appeal; costs of $500 awarded to respondents.
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The court certified an Indigenous child welfare class action alleging systemic negligence, Charter breaches, fiduciary duty, and unjust enrichment, and rejected certification-stage immunity bars.
The Federal Court held that s. 25 of the Charter shields SCFN’s six-month on-reserve residency requirement for nomination from the Applicant’s s. 15 challenge.
The amended notice failed to meet section 1(1) of the Regulations, 2022 because, although the challenged provision and material facts were identified, the notice omitted the required submissions on the second step of the s.15 test (how the exclusion reinforces, perpetuates or exacerbates disadvantage), meaning the summary legal argument lacks a reasonable chance of success; therefore the constitutional notice is refused and the appeal proceeds under the regular process.
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The Federal Court partly struck an amended claim alleging CRA discrimination, keeping potential contract and negligent misrepresentation claims while striking fraudulent misrepresentation, section 6 Charter, and systemic relief claims.
Federal Court rightly struck the Statement of Claim for lack of pleaded material facts supporting a s.15 cause of action, but erred in refusing leave to amend because a systemic s.15 claim based on aggregate overclassification by CRS and related tools could disclose a tenable cause of action and raise common questions suitable for class treatment; appellate court amends order to permit one Fresh as Amended Statement of Claim and one reapplication for certification on the same evidentiary record, remitting issues of commonality, preferability and representative adequacy back to the Federal Cou…
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Appeal dismissed in a Charter and judicial review challenge to British Columbia’s COVID-19 vaccine passport regime and exemption process.
The court applied the normal costs rule in this Charter costs application and ordered the Attorney General of British Columbia to recover trial costs from the Corporate Plaintiffs.
The Court held the Department’s application of the former s.8 regime and associated MSI policy created a barrier requiring an in-province specialist referral that, in the applicants’ circumstances (rare disabling conditions with no relevant Nova Scotia specialists), imposed a distinction that violated s.15(1) of the Charter; the violation was not justified under s.1, the decision-making process was procedurally unfair and the outcomes unreasonable under Vavilov; the Departmental decisions dated June 23, 2022 are quashed and the Court retains jurisdiction to determine appropriate remedies and…
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