Christopher Thompson

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.

Following the dismissal of the plaintiffs' action for malicious prosecution and other torts against multiple public servants and entities, the successful defendants sought costs.

The court considered the Rule 57.01 factors, noting the complexity of the case, the plaintiffs' unfounded allegations of malice and conspiracy, and the defendants' reasonable offers to settle.

The court fixed costs at $260,000 for the municipal defendants and $231,100 for the provincial defendants, representing an amount between partial and substantial indemnity.

The plaintiffs owned a property that was intentionally set on fire by a tenant, resulting in severe injuries to occupants.

The police and fire marshal investigated and concluded the property was an illegal rooming house with multiple Fire Code violations that contributed to the spread of the fire.

The plaintiffs were charged with arson by negligence under s. 436 of the Criminal Code, but were discharged at the preliminary inquiry.

They subsequently sued the investigating police officer, fire marshal investigators, and their municipal employers for malicious prosecution, abuse of process, negligent investigation, and Charter breaches.

The Superior Court dismissed the action in its entirety, finding no evidence of malice or bad faith, and concluding that the investigating officer had reasonable and probable grounds to lay the charges based on the evidence gathered.

The plaintiffs, employees of eHealth Ontario, brought a motion to certify a class action against eHealth for breach of contract and against Ontario for inducing breach of contract, relating to the non-payment of performance awards and merit increases.

The plaintiffs also moved to amend their statement of claim to add a claim for the 2011/2012 performance awards.

The court granted the motion to amend and certified the action as a class proceeding against eHealth, finding that the breach of contract claims were not plainly and obviously doomed to fail.

However, the court refused to certify the claim against Ontario for inducing breach of contract, finding it legally untenable.

The court determined costs following an earlier decision declaring two individuals vexatious litigants and dismissing a related civil action.

The applicant sought substantial costs but failed to provide supporting dockets or disbursement records.

The court assessed costs based on the nature and length of the proceedings, including a two-day application and multiple motions brought during the hearing.

Costs were awarded to the successful applicant for the vexatious litigant application and to the defendants for dismissal of the civil action.

The court ordered specific amounts payable by the respondents, reflecting differing levels of responsibility and success.