Canada (Attorney General) v. Scow

JurisdictionBritish Columbia
CourtCourt of Appeal (British Columbia)
JudgeFitch,Marchand,Voith
Citation2022 BCCA 275
Date05 August 2022
Docket NumberCA47656

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8 practice notes
  • Canadian Society for the Advancement of Science in Public Policy v British Columbia
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 20, 2025
    ...given to a proposed class proceeding when considering whether to strike a claim under Rule 9-5(1)(a): Canada (Attorney General) v. Scow, 2022 BCCA 275 at para 85 [“ B. Overview: multiple grounds to strike 128 The plaintiff provided no specific submissions in reply to the strike application.......
  • The King v. Greenwood
    • Canada
    • Court of Appeal (Canada)
    • February 20, 2024
    ...Canada (Health), 2012 FCA 322 at para. 9, citing Housen; Buffalo v. Canada, 2016 FCA 223 at para. 42; Canada (Attorney General) v. Scow, 2022 BCCA 275 at para. 76 [Scow]. A motion judge is to be afforded a wide berth in the duplication analysis, given the context-specific nature of the inqu......
  • Weisenburger v College of Naturopathic Physicians of British Columbia
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 18, 2024
    ...as the Yukon Court of Appeal); Myers v. Canada (Attorney General), 2022 BCCA 160 at para. 34; and Canada (Attorney General) v. Scow, 2022 BCCA 275 [ 38 Factually, Stewart, Northern Cross, and Greengen are more germane to the present scenario, in that the Court considered whether the pursuit......
  • Metlakatla First Nation v Prince Rupert Port Authority
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 30, 2026
    ...not an “artfully pleaded” but thinly disguised attempt to pursue a claim in an inappropriate forum”: Canada (Attorney General) v. Scow, 2022 BCCA 275 at para. 74. If it is, the claim must be struck: see e.g. Stewart v. Clark, 2013 BCCA 359; Weisenburger v. College of Naturopathic Physicians......
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9 cases
  • Canadian Society for the Advancement of Science in Public Policy v British Columbia
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 20, 2025
    ...given to a proposed class proceeding when considering whether to strike a claim under Rule 9-5(1)(a): Canada (Attorney General) v. Scow, 2022 BCCA 275 at para 85 [“ B. Overview: multiple grounds to strike 128 The plaintiff provided no specific submissions in reply to the strike application.......
  • The King v. Greenwood
    • Canada
    • Court of Appeal (Canada)
    • February 20, 2024
    ...Canada (Health), 2012 FCA 322 at para. 9, citing Housen; Buffalo v. Canada, 2016 FCA 223 at para. 42; Canada (Attorney General) v. Scow, 2022 BCCA 275 at para. 76 [Scow]. A motion judge is to be afforded a wide berth in the duplication analysis, given the context-specific nature of the inqu......
  • Weisenburger v College of Naturopathic Physicians of British Columbia
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 18, 2024
    ...as the Yukon Court of Appeal); Myers v. Canada (Attorney General), 2022 BCCA 160 at para. 34; and Canada (Attorney General) v. Scow, 2022 BCCA 275 [ 38 Factually, Stewart, Northern Cross, and Greengen are more germane to the present scenario, in that the Court considered whether the pursuit......
  • Metlakatla First Nation v Prince Rupert Port Authority
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 30, 2026
    ...not an “artfully pleaded” but thinly disguised attempt to pursue a claim in an inappropriate forum”: Canada (Attorney General) v. Scow, 2022 BCCA 275 at para. 74. If it is, the claim must be struck: see e.g. Stewart v. Clark, 2013 BCCA 359; Weisenburger v. College of Naturopathic Physicians......
  • Get Started for Free