The Federal Court of Appeal will hear oral arguments on January 25, 2016 regarding Canada’s appeal of the decision of the Federal Court (Harrington J.) declining to dismiss the application for judicial review concerning the filling of Senate vacancies.

Canada argues that the Federal Court erred in not concluding that it is “plain and obvious” that the case has no chance of success.

In response, Mr. Alani argues that the government’s unsuccessful motion to strike and the delay that resulted in the underlying litigation illustrates the need for the Court of Appeal to clarify or reaffirm its existing case law discouraging preliminary motions to strike judicial review applications, which are required to be heard and determined without delay and in a summary way.

The parties’ written arguments are available for download below:

• Canada’s Memorandum of Fact and Law
• Mr. Alani’s Memorandum of Fact and Law