Scott v. Canada (Attorney General)

JurisdictionBritish Columbia
CourtCourt of Appeal (British Columbia)
JudgeThe Honourable Mr. Justice Groberman,The Honourable Mr. Justice Harris,The Honourable Mr. Justice Willcock
Citation2017 BCCA 422
Date04 December 2017
Docket NumberCA41232

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40 practice notes
  • Iskatewizaagegan No. 39 Independent First Nation v. Winnipeg (City)
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 17, 2021
    ...General), 2013 SCC 14 ; Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73 . [36] Scott v. Canada (Attorney General), 2017 BCCA 422. [37] Lax Kw'alaams Indian Band v. Canada (Attorney General), 2011 SCC 56 at para. [38] Tsilhqot'in Nation v. British Columbia, 2014 SCC ......
  • La Rose v. Canada
    • Canada
    • Court of Appeal (Canada)
    • December 13, 2023
    ...68). [94] Two recent cases of the British Columbia Court of Appeal exemplify this approach. [95] Scott v. Canada (Attorney General), 2017 BCCA 422, 417 D.L.R. (4th) 733 [Scott] dealt with a section 7 claim brought by members of the Canadian Forces which alleged that the government’s compens......
  • British Columbia v. Apotex Inc.
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 4, 2022
    ...each claim must stand or fall on the pleadings: Scott v. Canada (Attorney General), 2013 BCSC 1651 at para. 21, rev’d on other grounds 2017 BCCA 422, leave to appeal ref’d [2018] S.C.C.A. No. 37930 (S.C.C.). [58] In both R. v. Imperial Tobacco Canada, 2011 SCC 42 at paras. 19–20, and Atlant......
  • Kreishan v. Canada (Citizenship and Immigration)
    • Canada
    • Court of Appeal (Canada)
    • August 19, 2019
    ...a deprivation. [137] The circumstances of this case are analogous to those considered by the BCCA in Scott v. Canada (Attorney General), 2017 BCCA 422. Under consideration by the court was what was characterized as a deficient benefit compensation scheme for those injured in the course of m......
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21 cases
  • Iskatewizaagegan No. 39 Independent First Nation v. Winnipeg (City)
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 17, 2021
    ...General), 2013 SCC 14 ; Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73 . [36] Scott v. Canada (Attorney General), 2017 BCCA 422. [37] Lax Kw'alaams Indian Band v. Canada (Attorney General), 2011 SCC 56 at para. [38] Tsilhqot'in Nation v. British Columbia, 2014 SCC ......
  • Kreishan v. Canada (Citizenship and Immigration)
    • Canada
    • Court of Appeal (Canada)
    • August 19, 2019
    ...a deprivation. [137] The circumstances of this case are analogous to those considered by the BCCA in Scott v. Canada (Attorney General), 2017 BCCA 422. Under consideration by the court was what was characterized as a deficient benefit compensation scheme for those injured in the course of m......
  • Bigeagle v. Canada
    • Canada
    • Federal Court (Canada)
    • May 28, 2021
    ...Any inadequacy of programing by the government cannot be seen as the basis for this cause of action (Scott v Canada (Attorney General), 2017 BCCA 422, at para 89). [208] Also, the SCC has told us that as of now, positive obligations are not required by section 7 of the Charter (Gosselin v Q......
  • Canada (Attorney General) v. Scow
    • Canada
    • Court of Appeal (British Columbia)
    • August 5, 2022
    ...by virtue of the application of s. 87. In support of its position on this point, Canada relies on Scott v. Canada (Attorney General), 2017 BCCA 422 at para. 46 for the proposition that on an application to strike all or part of a claim, the Court is not required to treat assertions of law m......
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