Borkovich

The plaintiff was charged under section 159 of the Criminal Code, a provision previously declared unconstitutional by the Ontario Court of Appeal.

After the charges were withdrawn, the plaintiff sued the Attorney General of Canada, alleging negligence and Charter breaches for failing to repeal the unconstitutional provision.

The Attorney General moved to strike the claim, which was initially dismissed.

On appeal, the Divisional Court allowed the appeal and struck the claim, holding that a legislative body cannot be held liable in tort for exercising or failing to exercise its legislative power, and that the claim was not justiciable.

The Ministry appealed a decision of the Social Benefits Tribunal finding that the respondent was a 'person with a disability' under the Ontario Disability Support Program Act.

The Ministry argued the Tribunal failed to consider sedentary employment possibilities and relied on unverified medical details.

The Divisional Court dismissed the appeal, holding that the Tribunal correctly applied the law, was entitled to consider the applicant's specific circumstances, and had ample evidence to support its factual findings.

The appeal was allowed only on consent to amend the starting date of payments.