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ARTICLE · 02 FEBRUARY 2011

Canada (Attorney-General) v. Telezone

WeirFoulds LLP
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Telezone’s application for a telecommunications licence was rejected by Industry Canada. Although Telezone did not seek to overturn or invalidate this administrative decision, it subsequently brought a related civil action for damages against the Federal Crown on a number of grounds.

CanadaMedia, Telecoms, IT, Entertainment
Mark Edelstein
Mark Edelstein
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Canada (Attorney-General) v. Telezone

2010 SCC 62 (Released 23 December 2010)

Administrative Law – Judicial Review and Statutory Appeal – Tort Law – Practice and Procedure

Telezone's application for a telecommunications licence was rejected by Industry Canada. Although Telezone did not seek to overturn or invalidate this administrative decision, it subsequently brought a related civil action for damages against the Federal Crown on a number of grounds. In its defence, the Crown asserted that an action could only be brought following an application for judicial review of the subject decision, based on Canada v. Grenier, 2005 FCA 348. The Supreme Court ultimately rejected the expansive reading of Grenier put forward by the Crown and held that an action for damages could be brought against the Crown in the Ontario Superior Court without an application for judicial review in the Federal Court.

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