After a labour-board ruling and failed judicial review, Fearing sued Canada alleging that tribunal adjudicators committed misfeasance and breached the Charter. The Federal Court found no viable pleading against the Crown or facts establishing a separate wrong. The action improperly relitigated issues already decided. The court struck the claim without leave to amend and awarded Canada $500 in costs. This was a procedural ruling, not a fresh determination of the underlying grievance.
Case Commentary
Fearing v. Canada, 2026 FC 1273
The Federal Court struck a damages claim against Canada over earlier labour-board rulings. The pleading failed to establish Crown liability or a separate misfeasance claim, and it repeated issues already decided.
Source reviewed · Court holding
Held. The Federal Court struck a damages claim against Canada over earlier labour-board rulings.
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