Charleen Brenzall

The defendant, the Attorney-General of Canada, sought leave to appeal an order dismissing its motion to strike the plaintiffs' claims for misfeasance in public office, negligence, and breach of fiduciary duty.

The claims arose from the federal government's alleged failure to enforce anti-smuggling laws regarding contraband tobacco on the Six Nations Reserve.

The court granted leave to appeal, finding that the correctness of the motion judge's decision was open to very serious debate and that the issues raised—specifically the extent to which government policy decisions and law enforcement discretion can be subject to private law duties—were matters of public importance warranting appellate review.

The plaintiff sought to certify a class action against multiple police services and government entities regarding mass arrests and detentions during the 2010 G20 Summit in Toronto.

The court dismissed the certification motion, finding that while some causes of action (like false imprisonment and battery) were properly pleaded against the Toronto Police Services Board, the claims against other defendants failed.

Crucially, the plaintiff failed to satisfy the identifiable class, common issues, and preferable procedure requirements of the Class Proceedings Act due to the highly variable individual conduct of protesters and the impermissible use of subclasses.