Nabil Ben Naoum v. AGC
Nabil Ben Naoum
Law Firm / Organization
Independent
Lawyer(s)

Nabil Ben Naoum

Attorney General of Canada

- Parties: The appellant was Nabil Ben Naoum. The respondent was the Attorney General of Canada.

- Subject Matter: Four sets of parties filed judicial review applications challenging a series of interim orders and ministerial orders that were in force from Oct. 29, 2021 until June 20, 2022. These orders imposed air and rail vaccine mandates that required air and rail travellers to be vaccinated against COVID-19, subject to certain exceptions. The parties disagreed on whether these mandates were repealed or suspended. The respondent moved to strike the applications. The respondent argued that hearing the applications despite the mootness of the mandates was unwarranted. The Federal Court struck the applications. The four groups of appellants asked the appeal court to set aside the Federal Court’s dismissal of their applications.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed all four appeals. The Federal Court committed no palpable and overriding error or extricable error of law in finding the applications moot and in refusing to exercise its discretion to hear the applications despite their mootness, the appeal court said.

- Date: The hearing was set on Oct. 11, 2023. The court released its decision on Nov. 9, 2023.

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

- Amount: The appeal court awarded the respondent costs in the all-inclusive amount of $5,000, to be divided equally among the four appeals.

Federal Court of Appeal
A-254-22
Constitutional law
$ 5,000
Respondent
21 November 2022