Case information

Judgments and orders — Summary judgment — Limitations — Applicant’s statement of claim struck in its entirety for being outside the limitation period — Whether judgment of Federal Court of Appeal was clearly untenable and unfairly deprived applicant of a substantial right and just result — Whether Canada is bound by rule of law and should keep its commitment under International Covenant on Civil and Political Rights to deal with applicant's claim that alleged acts and omissions of Canadian authorities arbitrarily deprived applicant’s son of his life.

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.

The applicant is the Administrator of his late son’s estate. His son came to Canada in 1999 as a foreign student from his home in China and eventually became a permanent Canadian resident. In 2004, he was convicted of aggravated assault. In 2005, following a trip to China, the Canada Border Services Agency seized his passport when he returned to Canada, and prepared an Inadmissibility Report based upon his aggravated assault conviction. He was referred to an admissibility hearing before the Immigration and Refugee Board where he was found to be inadmissible for serious criminality. A deportation order was issued against him at the conclusion of the hearing. Later that day, he committed suicide. His parents came to Canada in 2007 to learn more about the circumstances of their son’s death. The Administrator commenced an action alleging that the conduct of immigration officials caused his son’s suicide, seeking damages for negligence, abuse of power and breach of statutory duty. That action was wholly discontinued by the filing of a notice of discontinuance in September 2010. In September 2017, the Administrator filed a new statement of claim against the Crown. The Administrator sought various forms of relief including an annual visa to enter Canada each year allowing the parents to visit their son’s grave, the granting of posthumous citizenship to the son, a formal apology from the Crown for causing his death and $300 million in compensatory, general, special and punitive damages. The respondent Crown brought a motion to strike the statement of claim on several grounds, including that the action was brought well outside the two year limitation period under the Limitation Act, S.B.C. 2012, c. 13, and the Crown Liability and Proceedings Act, R.S.C. 1985, c. C 50. The motion judge granted the respondent’s motion and dismissed the action. This decision was upheld on appeal.