The appellants, representing children with autism and their families, appealed a motion judge's decision striking several causes of action from their proposed class proceeding against Ontario and several school boards.
The claims challenged the provision of autism and education services, alleging negligence, breach of fiduciary duty, and Charter violations.
The Court of Appeal allowed the appeal in part.
It struck the age-based discrimination claim without leave to amend, citing stare decisis from the Wynberg decision.
The disability discrimination claim and the claim for Charter damages were struck with leave to amend due to a lack of precision in the pleadings.
The court also granted leave to amend the negligence claim against the school boards regarding operational aspects of the programs, but otherwise dismissed the appeal and cross-appeal.
