La Rose v. Canada,
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Date | 13 December 2023 |
| Citation | 2023 FCA 241 |
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7 practice notes
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Canada (Attorney General) v. Power, 2024 SCC 26
...Committee) v. Wall, 2018 SCC 26 , [2018] 1 S.C.R. 750 ; Bruker v. Marcovitz, 2007 SCC 54 , [2007] 3 S.C.R. 607 ; La Rose v. Canada, 2023 FCA 241, 488 D.L.R. (4th) 340 ; Turner v. Canada, [1992] 3 F.C. 458 ; Roncarelli v. Duplessis, [1959] S.C.R. 121; Finney v. Barreau du Québec, 2004......
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Alam v. Bieber,
...[44] The onus is on the party who seeks to establish that a pleading fails to disclose a reasonable cause of action: La Rose v. Canada, 2023 FCA 241 at para. 19; Edell v. Canada, 2010 FCA 26 at para. 5. The threshold that a plaintiff must meet to establish that a claim discloses a reasona......
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Davis v. Canada (Royal Canadian Mounted Police), 2024 FCA 115
...establish that a pleading fails to disclose a reasonable cause of action: Brink v. Canada, 2024 FCA 43 at para. 44; La Rose v. Canada, 2023 FCA 241 at para. 19. The RCMP met its onus in this case by invoking subsection 236(1) of the FPSLRA, which bars actions such as that commenced by Ms.......
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Brink v. Canada,
...[44] The onus is on the party who seeks to establish that a pleading fails to disclose a reasonable cause of action: La Rose v. Canada, 2023 FCA 241 at para. 19; Edell v. Canada, 2010 FCA 26 at para. 5. The threshold that a plaintiff must meet to establish that a claim discloses a reasona......
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9 cases
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Canada (Attorney General) v Power,
...Committee) v. Wall, 2018 SCC 26 , [2018] 1 S.C.R. 750 ; Bruker v. Marcovitz, 2007 SCC 54 , [2007] 3 S.C.R. 607 ; La Rose v. Canada, 2023 FCA 241, 488 D.L.R. (4th) 340 ; Turner v. Canada, [1992] 3 F.C. 458 ; Roncarelli v. Duplessis, [1959] S.C.R. 121; Finney v. Barreau du Québec, 2004......
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Auer v. Auer, 2024 SCC 36
... Assessment Act , 2023 SCC 23 ; Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17 ; La Rose v. Canada, 2023 FCA 241, 488 D.L.R. (4th) 340 ; Portnov v. Canada (Attorney General), 2021 FCA 171 , [2021] 4 F.C.R. 501 ; Innovative Medicines Canada v. Canada ......
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Canada (Attorney General) v. Power, 2024 SCC 26
...Committee) v. Wall, 2018 SCC 26 , [2018] 1 S.C.R. 750 ; Bruker v. Marcovitz, 2007 SCC 54 , [2007] 3 S.C.R. 607 ; La Rose v. Canada, 2023 FCA 241, 488 D.L.R. (4th) 340 ; Turner v. Canada, [1992] 3 F.C. 458 ; Roncarelli v. Duplessis, [1959] S.C.R. 121; Finney v. Barreau du Québec, 2004......
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TransAlta Generation Partnership v. Alberta, 2024 SCC 37
...West Fraser Mills Ltd. v. British Columbia (Workers’ Compensation Appeal Tribunal), 2018 SCC 22, [2018] 1 S.C.R. 635; La Rose v. Canada, 2023 FCA 241, 488 D.L.R. (4th) 340; Rizzo & Rizzo Shoes Ltd. (Re), [1998] 1 S.C.R. 27; Fédération des producteurs de fruits et légumes du Québec v. Co......
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2 firm's commentaries
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Federal Court Of Appeal Permits A Novel Climate Change Action Against The Government Of Canada To Proceed (La Rose V. Canada)
...Rose v. Canada, 2023 FCA 241 (CanLII), the Federal Court of Appeal reversed two decisions of the Federal Court that had struck out climate change claims against the Government of Canada. The Federal Court of Appeal concluded that climate change issues may be justiciable. A claim of a right ......
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Appellate Court Resuscitates Climate Change Charter Challenge
...to strike on the basis of justiciability. It remains to be seen how the courts will address these claims on their merits. Footnotes 1. 2023 FCA 241 [La 2. 2020 FC 1008, per Manson J.; 2020 FC 1059, per McVeigh J. 3. La Rose at para. 109. 4. La Rose at para. 128. 5. La Rose at para. 76. 6. L......