Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41100
Nabil Ben Naoum 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) |
|---|---|---|
| 2025-01-27 | Close file on Leave | |
| 2025-01-27 | Correspondence (sent by the Court) to, RE: Certificate of Taxation | |
| 2025-01-27 | Certificate of taxation issued to, Pascale-Catherine Guay | |
| 2025-01-27 | Decision on the bill of costs, in the amount of: $1,011.55, Reg | |
| 2025-01-27 | Submission of the bill of costs, Reg | |
| 2024-10-18 | Bill of costs, UNDER REVIEW, Completed on: 2024-10-25 | 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-254-22, 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 | |
| 2024-02-26 | Certificate (on limitations to public access), 23A | Attorney General of Canada |
| 2024-02-26 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 2024-02-27), Completed on: 2024-02-27, (Printed version filed on 2024-02-26) |
Attorney General of Canada |
| 2024-01-29 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2024-01-29 | |
| 2024-01-09 |
Application for leave to appeal, (Book Form), Missing: - Amended notice of application (Citing correct provision of law) - CA Order - Amended Memorandum of argument - Public access to information form - Proof of service - Filing Fee, Completed on: 2024-06-14, (Electronic version filed on 2024-01-09) |
Nabil Ben Naoum |
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 |
|---|---|---|
| Ben Naoum, Nabil | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Ben Naoum, Nabil
This party is not represented by counsel.
Party: Attorney General of Canada
Counsel
Virginie Harvey
200, boul. René-Lévesque Ouest
Complexe Guy-Favreau, Tour Est, 9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8768
FAX: (514) 283-3856
Email: pascale.guay@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 applicant 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
Application for judicial review struck out as moot
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 613‑996‑7933 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