Canada Case Law

Canadian Constitution Foundation v. Minister of Natural Resources (Nova Scotia)

Court

Supreme Court of Nova Scotia

The motion for public interest standing was granted because the challenge raised a serious justiciable issue, CCF demonstrated a genuine interest and was not a busybody despite being Ontario‑headquartered, and CCF has the capacity, expertise and does not pose a prejudicial duplication of judicial resources such that its suit is a reasonable and effective means of bringing the issues before the court; the existence of a parallel individual judicial review did not render CCF’s participation unnecessary or prejudicial.

Source excerpt

• Public interest standing
• Judicial review
• Charter s.7
• Vires
• Vagueness
• Overbreadth

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DBKS Homes Ltd. v. Taylor

Court

Supreme Court of British Columbia

The court cancelled a building-scheme restriction limiting use to “not more than one family,” finding the language ambiguous and unenforceable.

• Covenant cancellation
• Vagueness of covenant
• Property law act s.35
• Building scheme
• Zoning and density
• Restrictive-covenants

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JH v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The General Division did not err: s.1(1)(c) of the Regulations, 2022 requires a summary legal argument with a reasonable chance of success; the Appellant’s vagueness/unwritten‑principles challenge could not succeed because unwritten constitutional principles cannot be used to render statutory provisions inoperable or inapplicable (Toronto (City)), therefore the amended notice was insufficient and the appeal is dismissed.

Source excerpt

• Misconduct
• Vagueness
• Rule of law
• Notice requirements
• Jurisdiction
• Procedural fairness

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SR v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Leave to appeal refused because the General Division did not make any reviewable legal or perverse factual errors: it correctly treated the claimant's complaints as directed at the employer's conduct rather than the EI Act provisions, applied binding caselaw limiting assessment of employer policy, and the claimant failed to identify an arguable legal or factual error that would give his appeal a reasonable chance of success.

Source excerpt

• Misconduct
• Voluntary leaving
• Availability for work
• Charter challenge
• Religious freedom
• Discrimination

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Covant v. College of Veterinarians of Ontario

Court

Court of Appeal for Ontario

The Court dismissed the appeal: s.33(2)(d) is not impermissibly vague or overbroad when interpreted contextually; the evidence established on a balance of probabilities (and endorsed as free of palpable and overriding error) that the appellant engaged in ongoing resale of veterinary drugs to human pharmacies in quantities and on a basis inconsistent with the 'temporary shortage'/'reasonably limited quantities' exception; and the one-month suspension, reprimand, ethics course, inspection and partial costs were within the Committee's broad and reasonable disciplinary discretion.

Source excerpt

• Vagueness
• Overbreadth
• Professional misconduct
• Penalty review
• Standard of review
• Charter s.7 applicability

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V.I.T. Estates Ltd. v. New Westminster (City)

Court

British Columbia Court of Appeal

La Cour d’appel rejette la contestation d’un règlement de zonage imposant la location résidentielle, jugeant qu’il n’est ni vague, ni ultra vires, ni incompatible avec la Residential Tenancy Act.

• Zoning
• Residential rental tenure
• Ultra vires
• Vagueness
• Statutory conflict
• Standard of review

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R. v. E.Z.O.

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia varied two probation conditions in a youth sentencing appeal: one about residence rules and one about treatment consent.

• Probation conditions
• Delegation of judicial function
• Vagueness
• Mature minor consent
• S.38(2)(e.1) ycja
• Youth sentencing

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Zeng v. Sechelt (District)

Court

Supreme Court of British Columbia

The court dismissed a petition challenging Sechelt’s amended business licence bylaw for short-term rentals, finding the provisions were within municipal authority and not impermissibly vague.

• Vires of municipal bylaw
• Business licence regulation
• Short‑term rentals
• Temporary use permits
• Standing
• Vagueness/uncertainty

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Davidson v. Merrick

Court

Supreme Court of British Columbia

The court held that a seller-benefit “subject to” clause was wholly subjective and unenforceable, so no binding sale contract arose and the claim was dismissed.

• Conditions precedent
• Subject to clauses
• Contract interpretation
• Best efforts
• Vagueness
• Conditions-precedent

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R. v. Boule

Court

Supreme Court of British Columbia

The court held s. 117 of the Immigration and Refugee Protection Act overbroad and read it down, while upholding ss. 124(1)(a) and 131 against Charter challenge.

• Section 7 liberty
• Overbreadth
• Vagueness
• Arbitrariness
• Reading down remedy
• Human smuggling

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