Olumide v. Conservative Party of Canada, (2015) 477 N.R. 394 (FCA)

JudgeTrudel, Boivin and de Montigny, JJ.A.
CourtFederal Court of Appeal (Canada)
Case DateOctober 13, 2015
JurisdictionCanada (Federal)
Citations(2015), 477 N.R. 394 (FCA);2015 FCA 218

Olumide v. Conservative Party (2015), 477 N.R. 394 (FCA)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

Temp. Cite: [2015] N.R. TBEd. OC.016

Ade Olumide (appellant) v. Conservative Party of Canada (respondent)

(A-301-15; 2015 FCA 218; 2015 CAF 218)

Indexed As: Olumide v. Conservative Party of Canada

Federal Court of Appeal

Trudel, Boivin and de Montigny, JJ.A.

October 19, 2015.

Summary:

Olumide's candidacy for the Conservative Party of Canada (the Party) was rejected by the Party. The decision was upheld during the Party's internal appeal process. Olumide applied for judicial review, alleging bias and violations of procedural fairness.

The Federal Court, in a decision reported at [2015] F.T.R. Uned. 421, held that it lacked jurisdiction to hear the application because the Party was not a federal board, commission or other tribunal within the meaning of s. 18 of the Federal Courts Act. Olumide appealed.

The Federal Court of Appeal dismissed the appeal.

Courts - Topic 4021

Federal Court of Canada - Jurisdiction - Federal Court - Relief against federal boards, commissions or tribunals - Olumide's candidacy for the Conservative Party of Canada (the Party) was rejected by the Party - The decision was upheld during the Party's internal appeal process - Olumide applied for judicial review, alleging bias and violations of procedural fairness - The Federal Court held that it lacked jurisdiction to hear the application because the Party was not a federal board, commission or other tribunal within the meaning of s. 18 of the Federal Courts Act - The Federal Court of Appeal dismissed Olumide's appeal, stating that "The appellant has provided no sound reason to interfere with the Federal Court's conclusion that the respondent, as a private association, is not a federal board, commission, or other tribunal. As did the Federal Court before me, I conclude that neither the Federal Court nor the Federal Court of Appeal has jurisdiction to hear this matter. The same reasoning applies to the constitutional question raised by the appellant in his recently revised Notice of Constitutional Question ..." - See paragraph 8.

Elections - Topic 7022

Political parties - Internal management - Judicial review - [See Courts - Topic 4021 ].

Counsel:

Ade Olumide appeared on his own behalf;

Paul D'Angelo, for the Conservative Party of Canada.

Solicitors of Record:

Perley-Robertson, Hill & McDougall LLP, Ottawa, Ontario, for the respondent, Conservative Party of Canada.

This appeal was heard at Ottawa, Ontario, on October 13, 2015, by Trudel, Boivin and de Montigny, JJ.A., of the Federal Court of Appeal. Trudel, J.A., delivered the following reasons for judgment for the court on October 19, 2015.

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9 practice notes
  • Karahalios v. Conservative Party of Canada, 2020 ONSC 3145
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 20, 2020
    ...O.J. No. 3570 (S.C.J.). [21] Trost v. Conservative Party of Canada 2018 ONSC 2733 (Div. Ct.); Olumide v. Conservative Party of Canada, 2015 FCA 218 at para. 8; Longley v. Canada (Attorney General), 2007 ONCA 852 ; Knox v. Conservative Party of Canada, 2007 ABCA 295 , leave to appeal to......
  • Table cases
    • Canada
    • Irwin Books Anatomy of an Election. Canada’s Federal General Election of 2019 Through the Lens of Political Law Appendices
    • June 15, 2020
    ...79–80 Olumide v Conservative Party of Canada, 2015 FCA 218 ........................................66–67 Opitz v Wrzesnewskyj, 2012 SCC 55, [2012] 3 SCR 76 ........................232–33, 726, 728–29 Paramount v Kevin J Johnston, 2019 ONSC 2910 ....................................................
  • Olumide v. Nova Scotia Human Rights Commission, 2019 NSSC 223
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • July 15, 2019
    ...in Ontario where he was not chosen as a Conservative Party candidate (Olumide v. Conservative Party of Canada, 2015 FC 893 , aff’d 2015 FCA 218, leave to appeal denied, [2015] S.C.C.A. No. 550). Although difficult to discern from the materials and submissions, it seems Mr. Olumide wishes t......
  • Diary of Matters of Interest for the 42nd Parliament
    • Canada
    • Irwin Books Anatomy of an Election. Canada’s Federal General Election of 2019 Through the Lens of Political Law Part two
    • June 15, 2020
    ...him to be a candidate as long as he did not win, were said to be 2 2015 FCA 152. 3 2013 FC 525. (See also pages 724–26 in Appendix 3) 4 2015 FCA 218. [ 66 ] Diary of Matters of Interest for the 42nd Parliament without an iota of evidence. As political parties are not federal boards, commiss......
  • Request a trial to view additional results
7 cases
  • Karahalios v. Conservative Party of Canada, 2020 ONSC 3145
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 20, 2020
    ...O.J. No. 3570 (S.C.J.). [21] Trost v. Conservative Party of Canada 2018 ONSC 2733 (Div. Ct.); Olumide v. Conservative Party of Canada, 2015 FCA 218 at para. 8; Longley v. Canada (Attorney General), 2007 ONCA 852 ; Knox v. Conservative Party of Canada, 2007 ABCA 295 , leave to appeal to......
  • Olumide v. Nova Scotia Human Rights Commission, 2019 NSSC 223
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • July 15, 2019
    ...in Ontario where he was not chosen as a Conservative Party candidate (Olumide v. Conservative Party of Canada, 2015 FC 893 , aff’d 2015 FCA 218, leave to appeal denied, [2015] S.C.C.A. No. 550). Although difficult to discern from the materials and submissions, it seems Mr. Olumide wishes t......
  • Olumide v. Canada, [2016] F.T.R. Uned. 187
    • Canada
    • Federal Court (Canada)
    • May 18, 2016
    ...of Canada and other defendants seeking 4.8 million dollars under various heads of damages" ( Olumide v Conservative Party of Canada , 2015 FCA 218 [ Olumide FCA]). [4] Following these two decisions, the Applicant filed the present Notice of Application seeking a declaration that sections 45......
  • Trost v. Conservative Party of Canada, 2018 ONSC 2733
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • May 7, 2018
    ...A similar view is expressed in Galati v. McGuinty, 1999 CarswellOnt 1802 (S.C.J.) and Olumide v. Conservative Party of Canada, 2015 FCA 218 at para. [30] As Koehnen J. stated, when this motion to quash came before him, there are two lines of cases in the Divisional Court jurisprudence respe......
  • Request a trial to view additional results
2 books & journal articles
  • Table cases
    • Canada
    • Irwin Books Anatomy of an Election. Canada’s Federal General Election of 2019 Through the Lens of Political Law Appendices
    • June 15, 2020
    ...79–80 Olumide v Conservative Party of Canada, 2015 FCA 218 ........................................66–67 Opitz v Wrzesnewskyj, 2012 SCC 55, [2012] 3 SCR 76 ........................232–33, 726, 728–29 Paramount v Kevin J Johnston, 2019 ONSC 2910 ....................................................
  • Diary of Matters of Interest for the 42nd Parliament
    • Canada
    • Irwin Books Anatomy of an Election. Canada’s Federal General Election of 2019 Through the Lens of Political Law Part two
    • June 15, 2020
    ...him to be a candidate as long as he did not win, were said to be 2 2015 FCA 152. 3 2013 FC 525. (See also pages 724–26 in Appendix 3) 4 2015 FCA 218. [ 66 ] Diary of Matters of Interest for the 42nd Parliament without an iota of evidence. As political parties are not federal boards, commiss......

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