Colin Denis Rex Bourrier

The Minister of Training, Colleges and Universities appealed a Divisional Court decision that quashed the "Student Choice Initiative" framework, which mandated an opt-out system for non-essential student ancillary fees at Ontario colleges and universities.

The Court of Appeal dismissed the appeal, affirming that the framework was unlawful.

For colleges, the framework conflicted with section 7 of the Ontario Colleges of Applied Arts and Technology Act, 2002, which protects student governing bodies' normal activities.

For universities, the framework interfered with their statutory self-governance and institutional autonomy, a fundamental principle implicit in their establishing Acts.

The court clarified that the Minister's action was an exercise of executive authority, not prerogative power, and must yield to conflicting legislation.

The appellant appealed from an order striking out his statement of claim as disclosing no reasonable cause of action and dismissing his action.

The appellant had commenced an action claiming punitive damages, travel expenses, interest, and costs arising from the stopping, detainment, and impoundment of his vehicle by an OPP officer, asserting a breach of rights under the Canadian Bill of Rights.

The motion judge struck the claim under Rule 21.01(1)(b) of the Rules of Civil Procedure, finding the pleading wholly deficient and incapable of success.

The Court of Appeal upheld the dismissal, finding the motion judge applied the correct test and that the statement of claim failed to plead material facts supporting the alleged breach or theft allegation.