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Class action authorization denied because a declaration of inconsistency cannot ground a tax refund claim.
The appellant applied for authorization to institute a class action against the municipality, alleging that property tax increases exceeded the statutory 5% ceiling.
He sought a declaration that the tax by-laws were inconsistent with the municipal charter and a refund of the overpayments.
The Supreme Court of Canada upheld the lower courts' refusal to authorize the class action, finding that the facts alleged did not justify the conclusions sought, as a simple declaration of inconsistency without quashing the by-laws could not legally ground a claim for a tax refund.
Quebec's restructuring of school boards from denominational to linguistic lines is constitutional under s. 93.
The Quebec government referred questions to the Court of Appeal regarding the constitutionality of the Education Act (Bill 107), which proposed restructuring the province's school boards from a denominational basis (Catholic and Protestant) to a linguistic basis (French and English).
Various school boards and associations appealed the Court of Appeal's decision to the Supreme Court of Canada.
The Supreme Court held that the creation of linguistic school boards and the dissolution of existing denominational boards did not prejudicially affect the rights and privileges protected by s. 93 of the Constitution Act, 1867, provided that the right to dissent and the existence of confessional schools in Montreal and Quebec City were maintained.
The Court upheld the legislation's mechanisms for exercising dissent, allocating property, and managing school taxes.
Revocation of a wife as life insurance beneficiary was invalid under the mandatory provisions of the special Act.
The insured subscribed to a group life insurance policy and named his wife as beneficiary under the Husbands and Parents Life Insurance Act.
Years later, after the Civil Code was amended to allow gifts between spouses and the insurance policy was renewed, the insured attempted to revoke his wife as beneficiary and name a third party.
Following the insured's death, the wife sought a declaration that she was entitled to the proceeds.
The Supreme Court of Canada held that the revocation was invalid because the special Act, which restricted revocation to preferred beneficiaries, continued to apply with peremptory force despite the Civil Code amendments and the renewal of the policies.
The appeal was dismissed.
Crown must obtain Tribunal authorization to discontinue expropriations, even those begun before the new Act.
In 1970, the Crown expropriated immovables under the Code of Civil Procedure, which allowed unilateral discontinuance.
In 1973, a new Expropriation Act required the Expropriation Tribunal's authorization to discontinue.
In 1979, the Crown attempted to unilaterally discontinue the 1970 expropriations.
The Supreme Court of Canada held that the new Act applied immediately to the Crown and did not constitute retroactive legislation.
The Crown had no vested right to unilaterally discontinue, as it was merely an unexercised option.
The appeal was dismissed, meaning the Crown required the Tribunal's authorization to discontinue.
A reinstatement order for unlawful dismissal for union activities binds the subsequent purchaser of an undertaking.
The appellant was unlawfully dismissed for union activities on the same day her employer sold its undertaking to the respondent.
The investigation commissioner ordered the respondent, as the new owner, to reinstate the appellant with compensation pursuant to section 36 of the Labour Code.
The Superior Court upheld this decision, but the Court of Appeal reversed it.
The Supreme Court of Canada allowed the appeal, holding that a complaint for unlawful dismissal and the resulting reinstatement order are proceedings relating to the securing of a collective agreement, and therefore section 36 applies to bind the subsequent purchaser.