The appellant brought a class action against the City of Toronto and the TTC for business losses resulting from the construction of the St. Clair transit project.
The motion judge dismissed the action, finding the claims were in substance for 'injurious affection' and fell within the exclusive jurisdiction of the Ontario Municipal Board.
The Court of Appeal upheld this decision, confirming that the Class Proceedings Act is procedural and does not confer substantive jurisdiction.
The Court also struck the appellant's remaining claim for abuse of public authority for failing to disclose a reasonable cause of action.
