Hébert v. Wenham, 2020 FCA 186

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2020 FCA 186
Date03 November 2020
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5 practice notes
  • Dugré v. Canada (Attorney General), 2021 FCA 8
    • Canada
    • Court of Appeal (Canada)
    • January 20, 2021
    ...remain on the roll, waste judicial resources and impair access to justice for those who have a meritorious case (Hébert v. Wenham, 2020 FCA 186 [Wenham], at para. 8; Fabrikant v. Canada, 2018 FCA 224, at para. 25). [23] This power to summarily dismiss appeals that are doomed to fail ha......
  • Lin v. Canada (Public Safety and Emergency Preparedness), 2021 FCA 81
    • Canada
    • Court of Appeal (Canada)
    • April 21, 2021
    ...or an onward appeal that is doomed to fail wastes resources and should be nipped in the bud: Wilson at para. 32; Hébert v. Wenham, 2020 FCA 186 at para. 8; Lee v. Canada (Correctional Service), 2017 FCA 228 at para. 15. [8] In oral argument, the appellants in file A-279-19 submitted th......
  • Apotex Inc. v. Allergan Inc., 2020 FCA 208
    • Canada
    • Court of Appeal (Canada)
    • December 3, 2020
    ...of a “fairly arguable case” must take place bearing in mind the appellate standard of review: in related contexts, see Hébert v. Wenham, 2020 FCA 186 at paras. 11-14 and Raincoast Conservation Foundation v. Canada (Attorney General), 2019 FCA 224 at para. 16. In particular, the applicant mu......
  • Toronto Standard Condominium Corporation No. 1654 v. Tri-Can Contract Incorporated, 2022 FC 1796
    • Canada
    • Federal Court (Canada)
    • December 28, 2022
    ...the proposed settlement is “fair, reasonable and in the best interests of the class as a whole”: Hébert v Wenham, 2020 FCA 186 (Stratas JA), at para 9; Lin v Airbnb, Inc., 2021 FC 1260, at para 21; Bernlohr v Former Employees of Aveos Fleet Performance Inc., 2021 FC 113, ......
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4 cases
  • Dugré v. Canada (Attorney General), 2021 FCA 8
    • Canada
    • Court of Appeal (Canada)
    • January 20, 2021
    ...remain on the roll, waste judicial resources and impair access to justice for those who have a meritorious case (Hébert v. Wenham, 2020 FCA 186 [Wenham], at para. 8; Fabrikant v. Canada, 2018 FCA 224, at para. 25). [23] This power to summarily dismiss appeals that are doomed to fail ha......
  • Lin v. Canada (Public Safety and Emergency Preparedness), 2021 FCA 81
    • Canada
    • Court of Appeal (Canada)
    • April 21, 2021
    ...or an onward appeal that is doomed to fail wastes resources and should be nipped in the bud: Wilson at para. 32; Hébert v. Wenham, 2020 FCA 186 at para. 8; Lee v. Canada (Correctional Service), 2017 FCA 228 at para. 15. [8] In oral argument, the appellants in file A-279-19 submitted th......
  • Apotex Inc. v. Allergan Inc., 2020 FCA 208
    • Canada
    • Court of Appeal (Canada)
    • December 3, 2020
    ...of a “fairly arguable case” must take place bearing in mind the appellate standard of review: in related contexts, see Hébert v. Wenham, 2020 FCA 186 at paras. 11-14 and Raincoast Conservation Foundation v. Canada (Attorney General), 2019 FCA 224 at para. 16. In particular, the applicant mu......
  • Toronto Standard Condominium Corporation No. 1654 v. Tri-Can Contract Incorporated, 2022 FC 1796
    • Canada
    • Federal Court (Canada)
    • December 28, 2022
    ...the proposed settlement is “fair, reasonable and in the best interests of the class as a whole”: Hébert v Wenham, 2020 FCA 186 (Stratas JA), at para 9; Lin v Airbnb, Inc., 2021 FC 1260, at para 21; Bernlohr v Former Employees of Aveos Fleet Performance Inc., 2021 FC 113, ......
1 firm's commentaries
  • Class Members Ineligible For A Settlement Denied The Right To Appeal
    • Canada
    • Mondaq Canada
    • November 24, 2020
    ...v. Wenham, 2020 FCA 186, over a quarter of the class was ineligible for a settlement approved by the Federal Court. Several ineligible class members sought leave to appeal. The Federal Court of Appeal held that (i) the appeal was doomed to fail because of the deference owed to the settlemen......

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