Wenham v. Canada (Attorney General)

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2018 FCA 199
Date01 November 2018

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
89 practice notes
  • Dow Chemical Canada ULC v. Canada
    • Canada
    • Supreme Court (Canada)
    • June 28, 2024
    ...6 C.T.C. 61 ; Sifto Canada Corp. v. Minister of National Revenue, 2014 FCA 140 , 461 N.R. 184 ; Wenham v. Canada (Attorney General), 2018 FCA 199, 429 D.L.R. (4th) 166 ; International Air Transport Association v. Canadian Transportation Agency, 2022 FCA 211 ; R. v. Cunningham, 2010 SCC......
  • Iris Technologies Inc. v. Canada
    • Canada
    • Supreme Court (Canada)
    • June 28, 2024
    ...1 F.C. 588 ; Sifto Canada Corp. v. Minister of National Revenue, 2014 FCA 140 , 461 N.R. 184 ; Wenham v. Canada (Attorney General), 2018 FCA 199, 429 D.L.R. (4th) 166 ; Quebec (Revenue) v. Caisse populaire Desjardins de Montmagny, 2009 SCC 49 , [2009] 3 S.C.R. 286 ; Donaldson v. Wester......
  • Bruno v Samson Cree Nation
    • Canada
    • Court of Appeal (Alberta)
    • November 24, 2021
    ...codifies the case law, and does not change the test …”). [121] Supra note 111. [122] SOR/98-106, r. 334.16(1). [123] See Wenham v. Canada, 2018 FCA 199, ¶¶ 26, 27 & 29; 429 D.L.R. 4th 166, 179 per Stratas, J.A. (“Rule 334.16(1)(a) [of the Federal Courts Rules] refer[s] to a ‘reasonable ......
  • Canada v. Greenwood
    • Canada
    • Court of Appeal (Canada)
    • September 21, 2021
    ...Inc. v. Dutton, 2001 SCC 46, [2001] 2 S.C.R. 534 [Western Canadian Shopping Centres] at para. 38; Wenham v. Canada (Attorney General), 2018 FCA 199, 429 D.L.R. (4th) 166 [Wenham] at para. 69. [169] While the some basis in fact requirement establishes a lesser standard than the balance of pr......
  • Get Started for Free
7 cases
  • Canada v. Greenwood
    • Canada
    • Court of Appeal (Canada)
    • September 21, 2021
    ...Inc. v. Dutton, 2001 SCC 46, [2001] 2 S.C.R. 534 [Western Canadian Shopping Centres] at para. 38; Wenham v. Canada (Attorney General), 2018 FCA 199, 429 D.L.R. (4th) 166 [Wenham] at para. 69. [169] While the some basis in fact requirement establishes a lesser standard than the balance of pr......
  • Khodeir v. Canada (Attorney General)
    • Canada
    • Federal Court (Canada)
    • January 14, 2022
    ...Morgan Asset Management (Canada) Inc, 2013 FCA 250 at paragraphs 47-48, [2014] 2 FCR 557 [JP Morgan]; Wenham v Canada (Attorney General), 2018 FCA 199 at paragraphs 32-33. [9] By way of example, applications for judicial review have been struck where they are premature (Dugré v Canada (Atto......
  • Stonechild v. Canada
    • Canada
    • Federal Court (Canada)
    • June 17, 2022
    ...non-party production of documents and examination for discovery (at para 30). [62] Justice Stratas in Wenham v Canada (Attorney General), 2018 FCA 199 at para 72 [Wenham], outlined the Court’s task at this stage of the certification process: Further, the task under this part of the c......
  • Adams v. Canada (Parole Board)
    • Canada
    • Federal Court (Canada)
    • February 25, 2022
    ...(National Revenue) v JP Morgan Asset Management (Canada) Inc, 2013 FCA 250 at paras 47–48; Wenham v Canada (Attorney General), 2018 FCA 199 at para 33. [32] An application for judicial review may be doomed to fail, and may be struck or dismissed at a preliminary stage, because it is ......
  • Get Started for Free
1 firm's commentaries
  • A Refresher On Judicial Review 'Class Applications' In Federal Court
    • Canada
    • Mondaq Canada
    • December 19, 2018
    ...to challenge certain unfavourable regulations or decisions on judicial review on a class-wide basis. Wenham v. Canada (Attorney General), 2018 FCA 199, is a recent decision of the Federal Court of Appeal that reminds litigants of this available procedural avenue and provides guidance regard......