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. Nemchin v. Green

In Nemchin v. Green (Ont CA, 2021) the Court of Appeal considered a remedy that was not pleaded:
[16] In my view, the trial judge resolved the rights of the parties, imposed a burden on the appellant, and provided a remedy to the respondent, “on a theory never pleaded and with respect to which battle was never joined”: Rodaro v. Royal Bank of Canada (2002), 2002 CanLII 41834 (ON CA), 59 O.R. (3d) 74 (C.A.), at para. 63. Accordingly, the order must be set aside.
. Canada (Attorney General) v. Kattenburg

In Canada (Attorney General) v. Kattenburg (Fed CA, 2020) Stratas JA of the Federal Court of Appeal comments that the remedies of a case do not expand with the interests of intervenors:
[34] Some moving parties ask this Court to award a remedy that the applicant for judicial review does not seek. This is doomed to fail. The case remains that of the applicant for judicial review; others cannot commandeer it and ask for remedies the applicant does not seek: Tsleil-Waututh Nation v. Canada (Attorney General), 2017 FCA 174, 414 D.L.R. (4th) 373 at paras. 55-56; Teksavvy Solutions at para. 11; Reference re subsection 18.3(1) of the Federal Courts Act, R.S.C. 1985, c. F-7, 2019 FC 261 at para. 50. In any event, on these facts, the relief sought by some interveners—non-remittal to the Agency and a positive pronouncement on the merits by this Court—is not available: D'Errico v. Canada (Attorney General), 2014 FCA 95, 459 N.R. 167 and Maple Lodge Farms Ltd. v. Canadian Food Inspection Agency), 2017 FCA 45, 411 D.L.R. (4th) 175 at paras. 51-56 and 84, as discussed in Vavilov at para. 142.


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