Case information
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40395
Igor Mozajko v. His Majesty the King
(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) |
|---|---|---|
| 2023-05-31 | Close file on Leave | |
| 2023-05-31 | Correspondence (sent by the Court) to, the parties, RE: Certificate of Taxation | |
| 2023-05-30 | Certificate of taxation issued to, Jonathan M. Bricker | |
| 2023-05-30 | Decision on the bill of costs, in the amount of $1,077.70, Reg | |
| 2023-05-30 | Submission of the bill of costs, Reg | |
| 2023-04-14 | Bill of costs, (Letter Form), Completed on: 2023-05-25, (Printed version due on 2023-04-21) | His Majesty the King |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 |
Judgment of the Court on the application for leave to appeal, Pursuant to Rule 8 of the Rules of the Supreme Court of Canada, the time to serve and file the applicant’s reply is extended to November 29, 2022. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-339-18, 2021 FCA 25, dated February 10, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2023-02-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-29 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2023-02-14 | Igor Mozajko |
| 2022-11-17 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-11-23) | His Majesty the King |
| 2022-11-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-23, (Printed version filed on 2022-11-23) | His Majesty the King |
| 2022-10-21 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-10-21) | Igor Mozajko |
| 2022-10-20 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022/10/20 | |
| 2021-08-23 | Correspondence (sent by the Court) to, the applicant; no file number assigned, additional material requested. | |
| 2021-04-12 | Application for leave to appeal, (Book Form), Amended notice of application rec'd 08/31/2021, Completed on: 2023-02-14, (Electronic version filed on 2021-06-16) | Igor Mozajko |
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 |
|---|---|---|
| Mozajko, Igor | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Mozajko, Igor
This party is not represented by counsel.
Party: His Majesty the King
Counsel
National Litigation Sector
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (647) 256-0564
FAX: (416) 952-4518
Email: jon.bricker@justice.gc.ca
Agent
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Civil procedure — Pleadings — Statement of Claim — Motion to strike statement of claim — Constitutional validity of legislation — Motion by Crown to strike applicant’s action challenging constitutional validity of legislation dismissed by Federal Court — Court of Appeal striking statement of claim — Whether Crown failed to give notice of constitutional question — Whether application raises legal question of public importance.
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.
The applicant, Mr. Mozajko, filed a statement of claim by which he sought certain declarations and unspecified damages related to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230 (“ACMPR”). The claim advanced the same allegations that were raised in another case which was struck by the Federal Court of Appeal (“FCA”) (Harris v. Canada (Attorney General), 2019 FCA 232). The Crown sought to have Mr. Mozajko’s statement of claim struck. The Federal Court dismissed, in part, the Crown’s motion. On appeal, Mr. Mozajko argued that the failure of the Crown to serve notice of a constitutional question was fatal to the Crown’s argument that his statement of claim should be struck. The FCA concluded that no notice of any constitutional question was required. The FCA found that Mr. Mozajko did not seek to distinguish his statement of claim from that of Mr. Harris. It therefore applied its decision in Harris. It allowed the Crown’s appeal, struck Mr. Mozajko’s statement of claim without leave to amend, and dismissed Mr. Mozajko’s cross-appeal.
Lower court rulings
Federal Court
T-19-18
See file
Federal Court of Appeal
2021 FCA 25, A-339-18
Crown’s appeal allowed; applicant’s cross-appeal dismissed. Applicant’s statement of claim struck without leave to amend.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Not available
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Not available
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Not available