Adrienne Jean Ralph

The plaintiffs sought certification of a class action on behalf of Indigenous children living off-reserve who have been through Ontario's child welfare system, along with their caregiving parents and grandparents, and Indigenous children who have experienced gaps and delays in accessing essential services such as education and health services.

The court dismissed the certification motion, finding that the claim lacked a viable cause of action, failed to establish an identifiable class, lacked common issues, and was not a preferable procedure for resolution.

The court held that the claim impugned broad government policies and funding decisions rather than specific wrongful acts, raising justiciability concerns.

The court also found that the representative plaintiffs could not succeed as they were attempting a collateral attack on valid court orders.

The Court of Appeal for Ontario considered when a gender affirming surgery, specifically a vaginoplasty without penectomy, qualifies as an insured service under the Ontario Health Insurance Plan (OHIP).

The court held that vaginoplasty is a specifically listed insured service in the Schedule of Benefits, regardless of whether it is accompanied by a penectomy, and that the exclusion for experimental procedures does not apply to specifically listed services.

The appeal by the General Manager of OHIP was dismissed.

Following the dismissal of the applicant's motion to extend time for judicial review, the respondents sought costs.

The underlying dispute involved a failed $250 used car sale, which the applicant escalated into numerous administrative and legal proceedings.

The court awarded costs of $3,000 against the applicant, finding his proceedings to be frivolous and vexatious.

Additionally, the court revoked the applicant's fee waiver under s. 4.10 of the Administration of Justice Act and prohibited him from obtaining further fee waivers in related proceedings without prior judicial permission.

The self-represented applicant sought an extension of time to bring an application for judicial review of multiple administrative tribunal decisions stemming from a failed car sale in 2019.

The court dismissed the motion, finding no merit in the applicant's claims, which were based on the Universal Declaration of Human Rights, and concluding that the applicant failed to prove that the respondents would not suffer prejudice from the five-year delay.

The court also raised concerns that the proceedings were frivolous and vexatious, and invited submissions on whether the applicant's fee waiver should be cancelled.