Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses Class Action.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Lisa D’Amico was attempting to initiate a class action on behalf of people who were receiving a certain disability pension in Quebec. The class action didn’t seek necessarily monetary damages, but the thing the litigants were most concerned about was a declaration about the law that they were seeking from the court.
Ultimately, the Quebec court determined that they couldn’t bring their action as a class action because it wouldn’t be appropriate to do so as a result of the fact that declaratory relief was available through another mechanism.
Ms. D’Amico sought leave to appeal to the Supreme Court of Canada, and leave was dismissed.
Watch the video for more.