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Federal Court - Appeals - Summary Dismissal. Moreau v. Canada (Office of the Commissionner of Official Languages)
In Moreau v. Canada (Office of the Commissionner of Official Languages) (Fed CA, 2025) the Federal Court of Appeal cites authority for quashing an appeal:[12] This Court has the power to quash an appeal that has no reasonable prospect of success and is manifestly doomed to fail: Tétreault c. Boisbriand (Ville), 2023 CAF 159 at para. 8, leave to appeal to SCC refused, 41182 (29 August 2024); Martinez v. Canada (Communications Security Establishment), 2019 FCA 282 at para. 9, leave to appeal to SCC refused, 39061 (30 April 2020); Lessard-Gauvin c. Canada (Procureur général), 2013 CAF 147 at para. 8. . Hud v. Canada
In Hud v. Canada (Fed CA, 2024) the Federal Court of Appeal granted a motion to summarily dismiss (effectively quash) an appeal from the Tax Court, where the Federal Rules do not have any express quashing authority:A. Can this Court Summarily Dismiss an Appeal?
[13] This Court may summarily dismiss an appeal, either upon motion from a respondent or on its own initiative, where the appeal is "“doomed to fail owing to a fatal flaw or the absence of any merit”": Bernard v. Canada (Attorney General), 2019 FCA 236 at para.10.
[14] This Court’s power to do so stems from its plenary jurisdiction, including the powers necessary for its effective functioning and to manage its own proceedings: Dugré v. Canada (Attorney General), 2021 FCA 8 at paras. 20-22. Keeping appeals that are doomed to fail on the roll, "“waste judicial resources and impair access to justice for those who have a meritorious ""case”": Dugré at para. 22, citing Hébert v. Wenham, 2020 FCA 186 at para. 8 and Fabrikant v. Canada, 2018 FCA 224 at para. 25.
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