Viaguard Accu-Metrics Laboratory v. Standards Council of Canada
VIAGUARD ACCU-METRICS LABORATORY
Law Firm / Organization
Independent
Lawyer(s)

Benjamin Salsberg

STANDARDS COUNCIL OF CANADA

- Parties: The appellant was Viaguard Accu-Metrics Laboratory. The respondent was the Standards Council of Canada.

- Subject Matter: The appellant filed a judicial review application. The Federal Court struck out the application on the ground that it was premature. The appellant challenged the Federal Court’s order and alleged that the applications judge erred in determining that it failed to exhaust all of the adequate administrative remedies available to it.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The Federal Court did not commit reversible error in deciding that judicial review was unavailable because the appellant did not exhaust all the administrative remedies available, the appeal court said. The Federal Court properly identified and applied the governing authority, which was the case of Canada (Border Services Agency) v. C.B. Powell Limited, 2010 FCA 61, [2011] 2 F.C.R. 332, the appeal court added. In this case, the Standards Council of Canada Appeals Policy provided an administrative procedure, which allowed the appellant to challenge via a complaint an earlier reinstatement decision, the appeal court explained.

- Date: The hearing was set on Mar. 16, 2023. The court released its decision on Mar. 16, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: Costs were fixed at $2,500.

Federal Court of Appeal
A-32-22
Corporate & commercial law
$ 2,500
Respondent
02 February 2022