Federal court cases scheduled this week seek damages for alleged breaches of Charter rights
This week, hearings scheduled before the Federal Court include an application for COVID-19 recovery benefits and requests for damages for alleged torts and violations of rights in the Canadian Charter of Rights and Freedoms.
The court set Abdelrazik v. His Majesty the King et al, T-1580-09 on Aug. 7, Wednesday. In the underlying action, the plaintiff claimed against the defendants general, special, punitive, and aggravated damages and costs.
The plaintiff alleged false imprisonment, intentional infliction of mental suffering, negligence, torture, breach of fiduciary duty, and breaches of ss. 6, 7, and 12 of the Canadian Charter of Rights and Freedoms.
The Federal Court granted the defendants’ motion to adjourn the trial to accommodate an application filed by Canada’s attorney general under s. 38 of the Canada Evidence Act, 1985. The court noted that the attorney general waited until the last minute to confirm an intention to bring a s. 38 application.
The court also recognized that the parties had been preparing for trial for months and that an adjournment would prejudice the plaintiff, who had clearly confirmed his intention and readiness to move forward with the trial.
Thus, the court awarded the plaintiff all costs thrown away in preparation of the trial due to the adjournment, given the attorney general’s tardiness in filing the s. 38 application and the request to stay the trial.
On June 3, 2019, in Abdelrazik v. Canada, 2019 FC 769, the Federal Court ordered the defendants to pay the plaintiff $65,455.50 for costs thrown away plus applicable taxes. The court found the items included in the plaintiff’s bill of costs justified and refused to deduct the two items challenged by the attorney general.
The court considered this an appropriate case to award costs on a lump sum basis under r. 400(4) of the Federal Courts Rules, SOR/98-106. The circumstances in this case did not merit punishing reprehensible conduct or saving a harmless and innocent litigant from otherwise unnecessary litigation expenses, the court explained.
The court scheduled ITN Logistics Services Inc. et al. v. MSC Mediterranean Shipping Co. S. A., T-779-20 on Aug. 7, Wednesday. The plaintiffs who commenced this action alleged damaged cargo consisting of linens.
In or around August 2019, the defendant was retained to transport cargo owned by the plaintiff George Courey Inc. from Karachi, Pakistan to Montreal, Quebec. The plaintiffs alleged against the defendant contractual breaches, negligence, and/or breaches of its duties as a common carrier.
The plaintiffs claimed to have suffered the loss of the damaged cargo, partial loss of the value of the freight charges and duties paid, replacement air freight and arrival charges, and other expenses. The plaintiffs requested the sum of $42,000, pre-judgment and post-judgment interest, costs, and taxes.
The court set Mogharei v. Attorney General of Canada, T-321-24 on Aug. 7, Wednesday. This judicial review application challenged a decision of the Canada emergency benefits validation manager at the Canada Revenue Agency. The applicant wanted to send the matter back to the government agency for a redetermination by a different decision-maker.
The decision found the applicant ineligible for COVID-19 recovery benefits under the Canada Recovery Benefits Act, 2020. The applicant alleged that the agency’s officers erred in law and made an unreasonable decision in a non-transparent, unfair, and unjustified manner.
The applicant also argued that the decision failed to observe a principle of natural justice and procedural fairness and failed to explain why the evidence fell short of meeting the eligibility requirements.
The court scheduled John Doe and Jane Doe v Attorney General of Canada et al, T-2432-23 on Aug. 8, Thursday. This action challenged the allegedly egregious and tortious conduct of staff of the Correctional Service of Canada.
Specifically, the plaintiffs argued that the government agency’s staff breached and disclosed John Doe's confidential status as an informant and retaliated against him for filing grievances and for asking for investigations.
The action alleged that John Doe experienced severe, life-threatening impacts, including facing threats, intimidation, harassment, assault, sexual assault, battery, blackmail, and abuse from inmates and from the agency’s staff.
The plaintiffs claimed from the defendants general damages for pain, suffering, lost amenities of life, lost past and future wages, lost earning capacity, and future costs of care and medical treatment. The plaintiffs also sought damages under s. 24(1) of the Canadian Charter of Rights and Freedoms, special damages, aggravated damages, punitive damages, interest, and costs.
