The defendant, Her Majesty the Queen in Right of Ontario, sought leave to appeal an order dismissing its motion to strike the plaintiffs' claim.
The plaintiffs alleged the provincial government was negligent in failing to prevent the spread of West Nile Virus.
The Divisional Court granted leave to appeal, finding conflicting decisions regarding the threshold test for establishing a duty of care for public authorities and good reason to doubt the correctness of the motion judge's order.
A stay of the order was also granted pending the appeal.
