Deborah Babiuk-Gibson

The applicants, landowners adjacent to a proposed private racetrack development, sought an interlocutory injunction to prevent the intervener from proceeding with construction pending the determination of their application for mandamus against the Minister of Environment and Climate Change under the Species at Risk Act to protect Bank Swallow habitat.

The Court dismissed the motion, finding the applicants had not established irreparable harm with clear and convincing evidence, as there was no imminent risk of destruction of critical habitat before the mandamus application was heard, and the balance of convenience favoured the intervener, a private landowner with valid provincial and municipal approvals.

The plaintiff brought a motion on consent to certify a class proceeding against the RCMP for the alleged inappropriate and sexualized conduct of Designated Physicians during mandatory medical examinations of applicants.

The Court found that the pleadings disclosed a reasonable cause of action, there was an identifiable class, the claims raised common questions, a class proceeding was the preferable procedure, and the representative plaintiff was suitable.

The motion for certification was granted.