Francesca D'Aquila-Kelly

This decision concerns a class action brought by victims and families of the 2018 Danforth Avenue shooting against Smith & Wesson Corp., alleging negligence for failing to implement authorized user technology in its handguns.

The Court of Appeal for Ontario held that the plaintiffs’ negligence claim should proceed as a class action, finding that the claim disclosed a reasonable cause of action and that the certification judge erred by applying a merits-based test at the certification stage.

The court struck the strict liability and public nuisance claims, holding that Canadian law does not recognize such claims against product manufacturers in these circumstances.

The Ontario Land Tribunal held a Case Management Conference regarding two appeals by ONE Properties Limited Partnership concerning a proposed business park development and wetland relocation in Hamilton.

The Tribunal approved the finalized draft Procedural Order and Issues List submitted by the parties and scheduled a 15-day video hearing to commence in October 2023.

At a Case Management Conference regarding appeals of a draft plan of subdivision and a refusal to permit wetland relocation, the Tribunal granted Party status to the City of Hamilton and Participant status to several individuals in the Conservation Authorities Act appeal.

The Tribunal also ordered that the two appeals be heard together in a single phase, rather than consolidated, to ensure efficiency while avoiding prejudice to the parties.

At a Case Management Conference regarding an appeal of the Hamilton Conservation Authority's refusal to permit the relocation of a wetland, the Ontario Land Tribunal addressed requests for Party and Participant status.

Environmental Defence was granted Party status over the appellant's request for deferral, as it demonstrated a genuine interest and ability to assist the Tribunal.

Twenty-two individuals were granted Participant status without opposition.

A further Case Management Conference was scheduled to finalize the issues list and address the anticipated consolidation with a forthcoming draft plan of subdivision appeal.

The appellant purchased an electric vehicle and later discovered its range was significantly lower than advertised.

He communicated with the respondents for months before discovering they had secretly lowered the advertised range on their website.

The Small Claims Court dismissed his misrepresentation claim on summary judgment, finding it was statute-barred.

On appeal, the Divisional Court set aside the dismissal, holding that the Deputy Judge failed to apply the proper test for summary judgment and that the date of discoverability and potential tolling of the limitation period due to the respondents' conduct were triable issues.

The appellants appealed a motion judge's order striking out a Superior Court proceeding that sought to appeal Provincial Offences Act (POA) convictions of Murray Brown, which were decided by a Justice of the Peace.

The appellants argued they had standing as the Greenworld Trust, the property owner, and that the Justice of the Peace exceeded jurisdiction.

The Court of Appeal dismissed the appeal, affirming that the Superior Court was the incorrect forum for appealing POA convictions (which should be appealed to the Ontario Court of Justice) and that the Greenworld Trust had no freestanding Charter right to assert in the Superior Court in this context.

The court also found no clear error in the costs award from the motion below.

This is a costs endorsement following the dismissal of an application and an appeal related to provincial offence convictions.

The Lake Simcoe Region Conservation Authority and the Ministry of the Attorney General, Ontario, sought costs.

The Authority requested substantial indemnity costs, citing unsubstantiated allegations of fraud and procedural abuses by the applicants/appellants.

The court declined to award substantial indemnity costs, finding that the conduct, while improper, did not rise to the level of reprehensible conduct.

Instead, the court awarded partial indemnity costs to both respondents, considering factors such as responding to improperly brought proceedings and non-compliance with procedural rules.

The applicants/appellants brought an application and an appeal to the Superior Court of Justice challenging provincial offense convictions and sentence against Murray Brown.

The respondents, Lake Simcoe Region Conservation Authority and Ministry of the Attorney General, Ontario, brought motions to strike out both proceedings.

The court found that the applicants/appellants lacked standing to challenge Mr. Brown's convictions and sentence, and that the appeal was brought to the wrong court (it should have been to the Ontario Court of Justice).

The court also determined that the application constituted an impermissible collateral attack on the Provincial Offenses Court decisions.

Consequently, both the amended application and the appeal, along with the appellants' motion for interim relief, were struck out and dismissed.