What is the difference between a plaintiff’s in rem action for a declaration of invalidity arising from s. 52 of the Constitution Act, 1982, and a personal remedy arising from the same remedy?
Ontario, Canada
The following excerpt is from Selkirk et. al. v. Trillium Gift of Life Network et. al., 2021 ONSC 2355 (CanLII):
In Ravndahl v. Saskatchewan, 2009 SCC 7, [2009] 1 S.C.R. 181, the court distinguished between the litigant’s personal remedies, brought by her as an individual, from an in rem remedy flowing from s. 52 of the Constitution Act, 1982. In that case, the appellant’s personal claim was statute barred, but her claim for a declaration of invalidity arising out of s. 52 was allowed to proceed.
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