Joel Robichaud

The appellants, the Attorney General of Canada and the Ontario Provincial Police, appealed a motion judge's decision that the respondents' claims for malicious prosecution, negligent investigation, misfeasance in public office, and civil conspiracy were not statute-barred.

The core issue was the application of the "appropriate means" element of the discoverability test under s. 5(1)(a)(iv) of the Limitations Act, 2002.

The Court of Appeal upheld the motion judge's finding that it was premature for the respondents to commence their actions until related civil forfeiture proceedings and an appeal of a costs order (which addressed Crown misconduct) were concluded.

The appeals were dismissed, affirming that the limitation period had not expired.

Correctional Service of Canada brought an urgent motion to stay a ruling by the Coroner presiding over the Ashley Smith inquest.

The Coroner had dismissed CSC's motion for a sealing order regarding confidential documents and videos.

Applying the RJR Macdonald test, the Divisional Court found that CSC failed to demonstrate a serious issue to be tried or irreparable harm, noting that much of the information was already public and the assertions of harm were speculative.

The motion for a stay was dismissed with costs.

The defendants brought a motion under Rules 21.01(1)(b) and 21.01(3)(a) of the Rules of Civil Procedure to strike a claim alleging negligence in the conduct of a federal tender process relating to hydroelectric facilities.

The plaintiff sought damages, declarations, and injunctive relief, alleging that a profit‑sharing requirement in the Request for Proposals was ultra vires the governing federal legislation.

The court held that Parks Canada was acting as a federal board, commission, or tribunal within the meaning of the Federal Courts Act and that the relief sought fell within the exclusive jurisdiction of the Federal Court under s. 18.

The court distinguished Canada (Attorney General) v. TeleZone Inc., finding that the action effectively challenged administrative decisions and sought traditional judicial review remedies.

The statement of claim was struck for lack of jurisdiction.

The applicants sought judicial review of an interlocutory decision by the Coroner refusing to issue a summons for the production of videos depicting interactions between correctional staff and the deceased, Ashley Smith.

The Divisional Court found that the Coroner applied an incorrect and overly stringent test by requiring a demonstrated 'nexus' between the videos and the death, rather than assessing whether the evidence was 'material' to the purposes of the inquest.

The Court quashed the Coroner's decision and remitted the issue for reconsideration, holding that the denial of access to potentially relevant evidence constituted a breach of natural justice.

During a judicial review application challenging a coroner's decision not to compel the advance production of tapes for an inquest, an issue arose regarding access to information on USB keys.

The Divisional Court ruled that there was no formal motion before the court regarding media access.

Furthermore, the court determined it did not need to access the information on the USB keys at that time, as the parties had already accessed the information and referred to it in their materials without apparent prejudice.

The applicants, who were parties to an inquest into the death of an inmate, sought judicial review of a Coroner's decision refusing to order the Correctional Service of Canada (CSC) to produce certain video recordings.

In preparation for the judicial review, the applicants served a summons on the Commissioner of the CSC, requiring him to bring the videos to an examination so they could be viewed by the Divisional Court.

The CSC brought a motion to quash the summons.

The court granted the motion and quashed the summons, finding that the videos were clearly irrelevant to the issues on judicial review, which were limited to whether the Coroner acted unfairly or exceeded her jurisdiction.

The court noted that the record already contained sufficient descriptions of the videos' contents for the purpose of the judicial review.

The Canadian Broadcasting Corporation (CBC) sought access to and copies of exhibits from a preliminary inquiry involving four correctional officers charged in the death of Ashley Smith.

The charges were dropped, and the exhibits were transferred for a coroner's inquest.

The application judge granted CBC access but restricted copying to portions of the video played in open court and prohibited copying the footage of Smith's death.

The Court of Appeal allowed CBC's appeal, holding that the Dagenais/Mentuck test applies to media requests for exhibits and that the open court principle includes the right to copy exhibits in full, absent convincing evidence of a serious risk to the administration of justice or other protected interests.