Faisal Bhabha

The moving party brought a motion to strike the respondents' action, which sought declarations that the government failed in its duty under the Genocide Convention to prevent a foreign state from committing an alleged genocide.

The respondents also alleged violations of their sections 7 and 15 Charter rights.

The court granted the motion to strike, finding that the claims were non-justiciable as they involved the exercise of Crown prerogative in foreign affairs and international relations.

The court also found no reasonable prospect of success for the Charter claims, noting a lack of causal connection for section 7 and that discretionary immigration policies do not ground a section 15 claim.

The appellants, representing children with autism and their families, appealed a motion judge's decision striking several causes of action from their proposed class proceeding against Ontario and several school boards.

The claims challenged the provision of autism and education services, alleging negligence, breach of fiduciary duty, and Charter violations.

The Court of Appeal allowed the appeal in part.

It struck the age-based discrimination claim without leave to amend, citing stare decisis from the Wynberg decision.

The disability discrimination claim and the claim for Charter damages were struck with leave to amend due to a lack of precision in the pleadings.

The court also granted leave to amend the negligence claim against the school boards regarding operational aspects of the programs, but otherwise dismissed the appeal and cross-appeal.