Case information
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41082
Honourable A. Brian Peckford, et al. v. Attorney General of Canada
(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) |
|---|---|---|
| 2025-02-21 | Close file on Leave | |
| 2025-02-21 | Correspondence (sent by the Court) to, the parties; RE: Certificate of Taxation | |
| 2025-02-21 | Certificate of taxation issued to, Sanderson Graham | |
| 2025-02-21 | Decision on the bill of costs, in the amount of : $1,018.15,, Reg | |
| 2025-02-21 | Submission of the bill of costs, Reg | |
| 2024-10-18 | Bill of costs, Completed on: 2025-02-12 | Attorney General of Canada |
| 2024-08-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-08-29 | Judgment on leave sent to the parties | |
| 2024-08-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-251-22, 2023 FCA 219, dated November 9, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-06-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-16 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-02-16, (Printed version filed on 2024-02-16) | Honourable A. Brian Peckford |
| 2024-02-08 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-02-08) | Attorney General of Canada |
| 2024-02-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-02-08, (Printed version filed on 2024-02-08) | Attorney General of Canada |
| 2024-01-09 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2024-01-09 | |
| 2024-01-08 | Certificate (on limitations to public access), 23A | Honourable A. Brian Peckford |
| 2024-01-08 |
Application for leave to appeal, (Book Form), Missing: Filing Fee (Rec'd 2024-01-22), Completed on: 2024-01-22, (Printed version filed on 2024-01-09) |
Honourable A. Brian Peckford |
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 |
|---|---|---|
| Peckford, Honourable A. Brian | Applicant | Active |
| Nikkanen, Leesha | Applicant | Active |
| Baigent, Ken | Applicant | Active |
| Belobaba, Drew | Applicant | Active |
| Grcic, Natalie | Applicant | Active |
| Macdonald, Aedan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Peckford, Honourable A. Brian
Counsel
PO Box 91005
RPO ROYAL OAK
Calgary, Alberta
T3G 5W6
Telephone: (431) 668-4885
FAX: (587) 352-3233
Email: allison.pejovic@proton.me
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Nikkanen, Leesha
Counsel
PO Box 91005
RPO ROYAL OAK
Calgary, Alberta
T3G 5W6
Telephone: (431) 668-4885
FAX: (587) 352-3233
Email: allison.pejovic@proton.me
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Baigent, Ken
Counsel
PO Box 91005
RPO ROYAL OAK
Calgary, Alberta
T3G 5W6
Telephone: (431) 668-4885
FAX: (587) 352-3233
Email: allison.pejovic@proton.me
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Belobaba, Drew
Counsel
PO Box 91005
RPO ROYAL OAK
Calgary, Alberta
T3G 5W6
Telephone: (431) 668-4885
FAX: (587) 352-3233
Email: allison.pejovic@proton.me
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Grcic, Natalie
Counsel
PO Box 91005
RPO ROYAL OAK
Calgary, Alberta
T3G 5W6
Telephone: (431) 668-4885
FAX: (587) 352-3233
Email: allison.pejovic@proton.me
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Macdonald, Aedan
Counsel
PO Box 91005
RPO ROYAL OAK
Calgary, Alberta
T3G 5W6
Telephone: (431) 668-4885
FAX: (587) 352-3233
Email: allison.pejovic@proton.me
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Attorney General of Canada
Counsel
Department of Justice Canada - Civil Litigation Section
50 O'Connor Street, Suite 300
Ottawa, Ontario
K1A 0H8
Telephone: (613) 296-4469
FAX: (613) 954-1920
Email: Sandy.Graham@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Administrative Law — Judicial Review — Federal air vaccine mandates suspended or appealed prior to judicial review hearing — Applications for judicial review struck out as moot — Whether the principles on exercising discretion to hear allegedly moot cases should be altered in the context of emergency orders.
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 applicants filed a judicial review application taking issue with the air vaccine mandates that, with certain exceptions, required air travellers to be vaccinated against COVID-19 from October 2021 until June 2022.
Pursuant to a motion by the respondent, after the vaccine mandates ended, the Federal Court applied the test from Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342, and struck the judicial review application on the basis that it had become moot and that hearing the application despite its mootness was not warranted.
The Federal Court of Appeal dismissed the appeal, holding that there was no reviewable error that would permit the court to intervene and that the Federal Court had correctly identified the approach on a motion to strike for mootness.
Lower court rulings
Federal Court
T-145-22, T-168-22, T-1991-21, T-247-22
Application for judicial review struck out as moot
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Related links
Factums on appeal
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
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