Chantelle Blom

The plaintiffs moved to certify a class action against the Government of Ontario for damages resulting from the early termination of the Ontario Basic Income Pilot project.

The plaintiffs alleged breach of contract, breach of undertaking, negligence, breach of public law duty, and breach of section 7 of the Charter.

The Superior Court of Justice dismissed the certification motion, finding it plain and obvious that the statement of claim disclosed no reasonable cause of action.

The court held that the relationship was not contractual, the government's decision to cancel the program was a core policy decision protected by common law and statutory immunity, and there is no constitutional right to the continuation of a government program.

The defendant, Her Majesty The Queen in Right of Ontario, brought a motion to stay an order dated August 4, 2017.

Following the Divisional Court's dismissal of Ontario's motion for leave to appeal on October 3, 2017, the Superior Court of Justice dismissed the motion to stay as moot.

Costs of the motion were reserved to the disposition of the defendants' motions for summary judgment.

The plaintiffs sought costs of $132,992.26 after successfully opposing the defendants' motions to quash summonses.

The defendants argued that costs should be reserved to the disposition of upcoming summary judgment motions, or alternatively that the costs claimed were excessive.

The court found that the plaintiffs' costs outline did not sufficiently delineate the time spent on the motions to quash versus other related motions.

Due to the lack of required facts and detailed submissions, the court reserved the costs of the motions to quash to the hearing of the motions for summary judgment.

The defendants, Ontario and OLG, brought motions to quash summonses to witness served by the plaintiffs on 13 non-parties, including former and current Cabinet ministers, in advance of pending summary judgment motions.

The plaintiffs sought to examine these witnesses under Rule 39.03 regarding the cancellation of the Slots at Race Tracks Program (SARP).

The court held that the defendants had standing to challenge the summonses and that the plaintiffs had met the low threshold of showing the proposed witnesses might have relevant evidence.

The court rejected arguments that the examinations were an abuse of process or barred by Cabinet confidentiality at this stage.

However, the court quashed the summonses served on Premier Kathleen Wynne and Minister Ted McMeekin on the basis of parliamentary privilege, as they were sitting members of the legislature.

The representative plaintiff brought a class action on behalf of private issuers who operate ServiceOntario outlets, alleging that Ontario breached its duty of good faith and acted unreasonably in exercising its unilateral discretion to set their compensation.

The plaintiff argued that the compensation was inadequate and failed to keep pace with expenses.

The court dismissed the action, finding no evidence of dishonesty or bad faith by Ontario.

The court held that the duty of good faith applies to the performance of the contract, not to ensuring a commercially reasonable outcome, and that Ontario's compensation decisions were not commercially unreasonable in any event.

The alternative claim for unjust enrichment was also dismissed as the contract constituted a juristic reason for the enrichment.

The defendant, Her Majesty the Queen in Right of Ontario (representing the Family Responsibility Office), moved for summary judgment to dismiss the plaintiff's action for negligence and breach of fiduciary duty.

The plaintiff alleged that the FRO negligently authorized the return of her ex-husband's suspended passport, allowing him to flee the country and evade over $200,000 in support arrears.

The court dismissed the motion, finding that the FRO owed a prima facie duty of care to the support recipient and that genuine issues regarding the standard of care and damages required a trial.