Christopher M. Rupar

The appellant obtained import permits from the Canadian Food Inspection Agency to import wheat.

The permits were revoked while the cargo was en route, and a new permit with different conditions was issued, causing the appellant to incur additional costs.

The appellant brought an action for damages in the Federal Court without first seeking judicial review of the licensing decisions.

The Crown successfully moved to strike the claim on the basis that judicial review was a prerequisite.

The Supreme Court of Canada allowed the appeal, applying its companion decision in TeleZone, holding that the Federal Court has concurrent jurisdiction over claims for damages against the Crown and that a prior successful judicial review application is not required.

The respondent, TeleZone Inc., brought an action for damages against the federal Crown in the Ontario Superior Court of Justice after its application for a telecommunications licence was rejected by Industry Canada.

The Attorney General of Canada challenged the jurisdiction of the Superior Court, arguing that based on the Grenier principle, the claim was a collateral attack on the Minister's decision and that TeleZone had to first seek judicial review in the Federal Court.

The Supreme Court of Canada dismissed the appeal, overruling Grenier.

The Court held that the Federal Courts Act and the Crown Liability and Proceedings Act grant concurrent jurisdiction to provincial superior courts to hear damages claims against the federal Crown, and there is no requirement to first quash the underlying administrative decision via judicial review in the Federal Court.

The respondent, a prison inmate, spent over four years in solitary confinement.

He brought an action for damages in the Ontario Superior Court of Justice against the federal Crown and a prison warden, alleging arbitrary detention and cruel and unusual punishment contrary to the Charter.

The appellants argued that the claim was a collateral attack on the segregation orders and that the respondent must first seek judicial review in the Federal Court.

The Supreme Court of Canada, applying its concurrent decision in TeleZone, held that the Federal Courts Act does not grant the Federal Court exclusive jurisdiction over such damages claims, and the provincial superior court has jurisdiction to hear the action without prior judicial review.

The appellant, a former member of the Canadian Forces, brought a class action against the Crown challenging the deduction of his disability pension from his long-term disability benefits.

The Crown argued the action should be stayed because the lawfulness of the deduction could only be challenged by judicial review.

Applying TeleZone, the Supreme Court held that the Federal Court has jurisdiction to entertain the action and declined to exercise its residual discretion to stay the proceedings, as the essential character of the claim was for alleged breaches of s. 15(1) of the Charter rather than a veiled application for judicial review.

The appellant generic drug manufacturer sought damages against the federal Crown for losses incurred when Health Canada prohibited the sale of its drug.

The Crown successfully moved for summary judgment in the lower courts on the basis that the appellant was required to first invalidate the prohibition decision via judicial review.

The Supreme Court of Canada allowed the appeal, applying its companion decision in TeleZone.

The Court held that section 17 of the Federal Courts Act grants concurrent jurisdiction over claims for damages against the Crown, and nothing in the Act requires a plaintiff to successfully challenge the underlying administrative decision on judicial review before pursuing a tort action.

During a labour dispute, veterinarians employed by the Canadian Food Inspection Agency (CFIA) stopped working, halting meat inspections at Quebec slaughterhouses.

The CFIA subsequently ordered the uninspected meat destroyed.

The slaughterhouse operators sued the veterinarians and their union for damages in the Quebec Superior Court.

The defendants brought recourses in warranty against the CFIA.

The CFIA moved to dismiss, arguing the Superior Court lacked jurisdiction because its decision had not been quashed on judicial review by the Federal Court.

The Supreme Court of Canada dismissed the CFIA's appeal, holding that judicial review is not a prerequisite for a civil action for damages against the federal Crown, and that a lawful administrative decision can still constitute a civil fault under Quebec law.

The respondent requested access to government documents relating to his prosecution for regulatory offences, which had been quashed or stayed.

The government denied access to many documents, claiming solicitor-client privilege under s. 23 of the Access to Information Act, which was interpreted to include litigation privilege.

The Supreme Court of Canada held that litigation privilege, unlike legal advice privilege, expires with the litigation that gave rise to it, absent closely related proceedings.

Since the penal proceedings had terminated and the respondent's civil action for abuse of process was not closely related, the litigation privilege had expired and the documents were not exempt from disclosure.