Joseph Power served a prison sentence after being convicted of criminal offences in the 1990s and he went on to become a medical radiation technologist.
Power was suspended when his employer became aware of his criminal record, prompting him to apply for a pardon in 2013.
However, legislative changes introduced by the federal Conservatives that applied retrospectively made him permanently ineligible for a pardon and he lost his job.
Power’s action for damages alleged that the adoption and application of the provisions amounted to conduct that was clearly wrong, undertaken in bad faith and abusive of government power.
Elements of the legislation that allowed for retrospective application were later declared contrary to the Charter of Rights and Freedoms.
Before Power’s action went to trial, the federal attorney general sought clarity on whether the Crown can be held liable for damages for enacting a bill into law that is subsequently found to be unconstitutional.