Menashe v. Canada (Attorney General)
Ari Ben Menashe
Law Firm / Organization
Astell Caza De Sua, Lawyers
Attorney General of Canada
Royal Bank of Canada
Law Firm / Organization
Stikeman Elliott LLP

- Parties: The applicant was Ari Ben Menashe. The respondent was the Attorney General of Canada. The third party was Royal Bank of Canada (RBC). 

- Subject Matter: The applicant asked the court to order the Financial Consumer Agency of Canada to investigate RBC’s actions and to apply the appropriate sanctions and orders under ss. 627.17(1), 627.18, 627.19, 980, and 989(3) of the Bank Act, 1991 and ss. 3(2), 5(1), and 19(1) of the Financial Consumer Agency of Canada Act, 2001. He sought a writ of mandamus against the Agency under ss. 18 and 44 of the Federal Courts Act, 1985. He asked the court to rule on his right to have access to basic banking services and to order RBC to provide him with such services. 

- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application. The court concluded that the applicant failed to meet the criteria for the issuance of a mandamus order against the Agency. The court held that it did not have the jurisdiction to grant him the other remedies requested. The court said that the applicant failed to show that the Agency had a legal duty to act on his behalf. 

- Date: The hearing was set on Sept. 6, 2023. The court released its decision on Nov. 8, 2023. 

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

- Amount: The court awarded the respondent costs in the amount of $5,700. 

Federal Court
T-1662-21
Banking/Finance
$ 5,700
Respondent
29 October 2021