3 total
Application for stay of proceedings due to COVID-19 jail conditions summarily dismissed under Rule 34.02.
The applicants, who were in pretrial detention, brought an application for a stay of proceedings or damages, alleging that COVID-19 restrictions at the detention centre violated their rights.
The Crown sought summary dismissal of the application under Rule 34.02 of the Criminal Proceedings Rules.
The court found that the restrictions were reasonable and necessary responses to the pandemic, comparable to restrictions faced by the general public.
Concluding there was no reasonable prospect of success, the court summarily dismissed the application.
Appeal allowed and support issue remitted to trial judge to determine imputation of income.
The appellant appealed a trial decision regarding support, arguing the trial judge erred by failing to decide whether to impute income to the respondent for 2012.
The Divisional Court agreed, finding the trial judge effectively made an interlocutory order by leaving the issue subject to review upon additional disclosure.
The appeal was allowed and the issue of imputation of income and support from 2012 onwards was remitted back to the trial judge for a final determination.
Class action certified for mass detentions and arrests by police during the 2010 G20 summit.
The plaintiff appealed the dismissal of a motion to certify a class action against the Toronto Police Services Board arising from mass detentions during the 2010 G20 summit.
The Divisional Court allowed the appeal, finding that the requirements for certification under the Class Proceedings Act, 1992 were met.
The court certified two separate class actions: one for five location-based subclasses who were allegedly arbitrarily detained by police cordons, and another for individuals held at a specially created detention centre.