The plaintiffs, real estate developers, brought an action in extracontractual civil liability against the federal Crown following an emergency order under the Species at Risk Act protecting the Western Chorus Frog.
They claimed the Governor in Council's failure to make regulations for compensation and the Minister's refusal to consider compensation without such regulations constituted fault.
Alternatively, they claimed a disguised expropriation.
The Court held the failure to legislate did not engage civil liability, and the Minister's interpretation in good faith was not faulty.
The Court also held the compensation plan under the Act precluded common law and civil law actions for disguised expropriation.
