Case information
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37431
Committee for Monetary and Economic Reform ("COMER"), et al. v. Her Majesty the Queen, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-05-17 | Close file on Leave | |
| 2017-05-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-05-05 | Judgment on leave sent to the parties | |
| 2017-05-04 |
Judgment of the Court on the application for leave to appeal, The request for an oral hearing is dismissed. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-76-16, 2016 FCA 312, dated December 7, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2017-03-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-03-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-03-06, (Electronic version filed on 2017-03-06) | Committee for Monetary and Economic Reform ("COMER") |
| 2017-02-24 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-02-24) | Her Majesty the Queen |
| 2017-02-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-02-24, (Electronic version filed on 2017-02-24) | Her Majesty the Queen |
| 2017-02-03 | Correspondence received from, (Letter Form), Guy Régimbald (by email). Letter regarding the page numbering in the application for leave to appeal. | Committee for Monetary and Economic Reform ("COMER") |
| 2017-02-02 | Notice of name, (Letter Form), (Electronic version filed on 2017-02-02) | Committee for Monetary and Economic Reform ("COMER") |
| 2017-02-02 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017-02-02 | |
| 2017-02-01 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-02-01) | Committee for Monetary and Economic Reform ("COMER") |
| 2017-02-01 | Application for leave to appeal, (Book Form), Completed on: 2017-02-02, (Electronic version filed on 2017-02-01) | Committee for Monetary and Economic Reform ("COMER") |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Committee for Monetary and Economic Reform ("COMER") | Applicant | Active |
| William Krehm and Ann Emmett | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
| Minister of Finance, Minister of National Revenue, Bank of Canada and Attorney General of Canada | Respondent | Active |
Counsel
Party: Committee for Monetary and Economic Reform ("COMER")
Counsel
1062 College Street
Lower Level
Toronto, Ontario
M6H 1A9
Telephone: (416) 735-0559
FAX: (416) 530-8129
Email: rglfpc@gmail.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: William Krehm and Ann Emmett
Counsel
1062 College Street
Lower Level
Toronto, Ontario
M6H 1A9
Telephone: (416) 735-0559
FAX: (416) 530-8129
Email: rglfpc@gmail.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
130 King Street West
Suite 3400, P.O. Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-0809
FAX: (416) 973-9035
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Minister of Finance, Minister of National Revenue, Bank of Canada and Attorney General of Canada
Counsel
130 King Street West
Suite 3400, P.O. Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-0809
FAX: (416) 973-9035
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Civil procedure – Pleadings – Standing – Declaratory judgments – Jurisdiction – Applicants’ statement of claim struck out without leave to amend pursuant to s. 221 of the Federal Courts Rules, SOR/98-106 – Is the right to seek justiciable declaratory constitutional relief, particularly in public interest litigation, irreconcilable with the pre-Patriation notion of “private reference” (or “free-standing” or “advisory” opinion)? – Is the right to seek declaratory constitutional relief, in respect of the budgetary process and the legislative provisions of the Bank of Canada Act, R.C.S. 1985, c. B-2, foreclosed by a successful underlying cause of action for damages tied to the declaratory relief?
The applicants commenced an action against the respondents. They sought declarations of violations of the Bank of Canada Act, R.C.S. 1985, c. B-2; the Constitution Act, 1867, (U.K), 30 & 31 Vict., c. 3, reprinted in R.S.C. 1985, App. II, No. 5; ss. 7 and 15 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11; and of tortious conduct of conspiracy and misfeasance in public office. The applicants sought damages for the violations alleged.
The respondents brought a motion to strike. The Federal Court Prothonotary struck out the original statement of claim in its entirety without leave to amend on the basis that the claim did not disclose a reasonable cause of action. On appeal from the Prothonotary’s decision, the Federal Court judge agreed that the claim should be struck but granted leave to amend the pleadings. The Federal Court of Appeal dismissed the appeal and cross-appeal from that decision.
The applicants filed an amended statement of claim where they abandoned prior Charter claims and added a claim pursuant to s. 3 of the Charter, asserting a right to “no taxation without representation”. The respondents again moved to have the statement of claim struck on the basis that the applicants failed to rectify any of the previous deficiencies in the pleadings, and that the claim therefore disclosed no reasonable cause of action.
Lower court rulings
Federal Court
T-2010-11, 2013 FC 855
See file
Federal Court
T-2010-11, 2014 FC 380
See file
Federal Court of Appeal
A-228-14, 2015 FCA 20
See file
Federal Court
T-2010-11, 2016 FC 147
Motion to strike amended statement of claim without leave to amend granted
Federal Court of Appeal
A-76-16, 2016 FCA 312
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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