January 27, 2023

Jost v. Canada (Governor in Council), 2023 FC 120

Case Summary

The applicants, one of four groups challenging the decision to invoke the Emergencies Act, sought leave under Rule 312(c) to file a supplementary record containing approximately 3,600 pages of transcripts and other records from the Public Order Emergency Commission (POEC). The Court found that the applicants took a "throw everything at the wall and see what sticks" approach, failing to justify the admissibility and relevance of specific items. The motion was dismissed, though the applicants were permitted to rely on selected excerpts previously approved in a joint motion by other applicants. No costs were awarded despite the respondents' request, as the Court attributed certain errors and overly aggressive language to applicants' counsel rather than the applicants themselves.

January 27, 2023

Jost v. Canada (Governor in Council), 2023 FC 120

Case Summary

The applicants, one of four groups challenging the decision to invoke the Emergencies Act, sought leave under Rule 312(c) to file a supplementary record containing approximately 3,600 pages of transcripts and other records from the Public Order Emergency Commission (POEC). The Court found that the applicants took a "throw everything at the wall and see what sticks" approach, failing to justify the admissibility and relevance of specific items. The motion was dismissed, though the applicants were permitted to rely on selected excerpts previously approved in a joint motion by other applicants. No costs were awarded despite the respondents' request, as the Court attributed certain errors and overly aggressive language to applicants' counsel rather than the applicants themselves.