Landmark Litigation Cases - Complex & Interesting
Walsh v. Mobil Oil (2008), 296 D.L.R. (4th) 178 (Alta. C.A.) (appeal from Q.B.)
Alberta’s first female “landman” found to be victim of gender discrimination and retaliation by Mobil Oil.
S.M.A. v. Canadian Security Intelligence Service (2000) (SIRC)
Successfully challenged CSIS’ allegations that client was a “terrorist"; SIRC (Review Committee) See also Azer v. Minister of Citizenship & Immigration (Sept. 2000) Application for mandamus compelling Minister to land client; violation of section 7 Charter Rights
Starlight v. Onespot (Nov 2, 1998) (Alta. C.A.)
Criteria for grant of Ex parte order silencing defendant in defamation cases; allegations of financial mismanagement and corruption on Tsuu T’ina Band forwarded to Minister of Indian Affairs; leaked to public; breach of federal privacy legislation; public accountability for taxpayer funds
Vriend A.G. v. Alta. [1998] S.C.J. No. 29 (SCC) appealed from [1996] 5 W.W.R. 617 37 Alta. L. R. (3d) 364 (Alta.C.A.)
Exclusion of "sexual orientation" in Individual's RightsProtection Act violates s.15 of the Charter and was "read in"
(constitutional remedy) to provide access to Human RightsCommission process (Submissions on behalf of Alberta Civil Liberties Association)(Co-Counsel, Brian Edy)
Friends of Athabasca v. PHAAB & Al Pac [1996] 4 W.W.R. 604, 181 A.R. 81 (Alta. C.A.) appeal from [1994]
6 W.W. R. 267 (Q.B.)
Waste management approval - public interest standing for environmental groups
Grant v. Canada A.G (1995) 125 D.L.R. (4th) 556 (F.C.A.) aff'd (1994) 81 F.T.R. 195 (F.C.T.D.)(Reed J.)
Sikh RCMP officer found to have a constitutional right to wear turban and government’s decision to accommodate him was required to protect freedom of religion:
"The defendants and the intervenors, particularly the able argument of Ms. Chotalia for the Alberta Civil Liberties
Association, turn the plaintiffs' argument respecting discrimination on its head. They argue that the Commissioner's decision was designed to prevent discrimination occurring to Khalsa Sikhs. As such they argue that that decision offends none of the provisions of the Charter, indeed that it is required by section 15 of the Charter." para 103
Felipe v M.E.I. [1994] Imm 5296-93 (F.C.T.D.)Judicial review challenging medical inadmissibility provisions being then s. 19(1)(a)(ii) Immigration Act on basis of violation of s. 15 Charter – applicant contracting breast cancer in Canada and being subject to removal; See alsoTuringan v M.E.I. (1993) 72 F.T.R. 316 (F.C.T.D.)(A.C.J. Jerome) Judicial review – judgment establishing the unique nature of foreign domestic worker program; duty of fairness
Kuich v. Commissioner of NWT [1994] N.W.T.J. No. 14 (NWT S.Ct.) (De Weerdt J.)
Maintained tortious conspiracy action against the defendant Commissioner even though plaintiff also using the arbitration process (see also J. Vertes decision of July 1995); successful action for conspiracy & defamation re: false allegations of sexual harassment by group of unionized claimants
Learning Disabilities Association v. Edmonton Public School Board (1994) 120 D.L.R. (4th) 407 (C.A.)
"Kindergarten case" - judicial review under School Act of a school board decision allocating school funds towards
ECS (early childhood education)
R. v. Thompson [1989] A.J. No. 192 (Q.B.)
Judgment that s. 643.1 of Criminal Code held to violate s. 7 & 11(d) of Charter - use of videotape evidence in sexual offences
See also R. v. Thompson, 1989 ABCA 234; see also R. v. Thompson, 1989 ABCA 234
Alberta’s first female “landman” found to be victim of gender discrimination and retaliation by Mobil Oil.
S.M.A. v. Canadian Security Intelligence Service (2000) (SIRC)
Successfully challenged CSIS’ allegations that client was a “terrorist"; SIRC (Review Committee) See also Azer v. Minister of Citizenship & Immigration (Sept. 2000) Application for mandamus compelling Minister to land client; violation of section 7 Charter Rights
Starlight v. Onespot (Nov 2, 1998) (Alta. C.A.)
Criteria for grant of Ex parte order silencing defendant in defamation cases; allegations of financial mismanagement and corruption on Tsuu T’ina Band forwarded to Minister of Indian Affairs; leaked to public; breach of federal privacy legislation; public accountability for taxpayer funds
Vriend A.G. v. Alta. [1998] S.C.J. No. 29 (SCC) appealed from [1996] 5 W.W.R. 617 37 Alta. L. R. (3d) 364 (Alta.C.A.)
Exclusion of "sexual orientation" in Individual's RightsProtection Act violates s.15 of the Charter and was "read in"
(constitutional remedy) to provide access to Human RightsCommission process (Submissions on behalf of Alberta Civil Liberties Association)(Co-Counsel, Brian Edy)
Friends of Athabasca v. PHAAB & Al Pac [1996] 4 W.W.R. 604, 181 A.R. 81 (Alta. C.A.) appeal from [1994]
6 W.W. R. 267 (Q.B.)
Waste management approval - public interest standing for environmental groups
Grant v. Canada A.G (1995) 125 D.L.R. (4th) 556 (F.C.A.) aff'd (1994) 81 F.T.R. 195 (F.C.T.D.)(Reed J.)
Sikh RCMP officer found to have a constitutional right to wear turban and government’s decision to accommodate him was required to protect freedom of religion:
"The defendants and the intervenors, particularly the able argument of Ms. Chotalia for the Alberta Civil Liberties
Association, turn the plaintiffs' argument respecting discrimination on its head. They argue that the Commissioner's decision was designed to prevent discrimination occurring to Khalsa Sikhs. As such they argue that that decision offends none of the provisions of the Charter, indeed that it is required by section 15 of the Charter." para 103
Felipe v M.E.I. [1994] Imm 5296-93 (F.C.T.D.)Judicial review challenging medical inadmissibility provisions being then s. 19(1)(a)(ii) Immigration Act on basis of violation of s. 15 Charter – applicant contracting breast cancer in Canada and being subject to removal; See alsoTuringan v M.E.I. (1993) 72 F.T.R. 316 (F.C.T.D.)(A.C.J. Jerome) Judicial review – judgment establishing the unique nature of foreign domestic worker program; duty of fairness
Kuich v. Commissioner of NWT [1994] N.W.T.J. No. 14 (NWT S.Ct.) (De Weerdt J.)
Maintained tortious conspiracy action against the defendant Commissioner even though plaintiff also using the arbitration process (see also J. Vertes decision of July 1995); successful action for conspiracy & defamation re: false allegations of sexual harassment by group of unionized claimants
Learning Disabilities Association v. Edmonton Public School Board (1994) 120 D.L.R. (4th) 407 (C.A.)
"Kindergarten case" - judicial review under School Act of a school board decision allocating school funds towards
ECS (early childhood education)
R. v. Thompson [1989] A.J. No. 192 (Q.B.)
Judgment that s. 643.1 of Criminal Code held to violate s. 7 & 11(d) of Charter - use of videotape evidence in sexual offences
See also R. v. Thompson, 1989 ABCA 234; see also R. v. Thompson, 1989 ABCA 234