Hart Schwartz

The defendants brought a motion to transfer a class action regarding alleged systemic abuse at a psychiatric facility from Toronto to Barrie.

The court applied a holistic approach to the factors under Rule 13.1.02(2)(b) of the Rules of Civil Procedure.

While Barrie had proximity to the facility and witnesses, the Regional Senior Justice noted that due to courtroom availability and backlog, a trial in Barrie might ultimately be moved elsewhere in the Central East Region.

The court concluded that Toronto's judicial resources and specialized class action judges would better ensure a just and expeditious determination.

The motion to transfer was dismissed.

The applicant, a monocular bus driver, challenged the constitutionality of the vision standards in s. 18(3) of the Drivers' Licences Regulations under s. 15 of the Charter.

The regulations imposed a blanket prohibition on monocular individuals holding a Class C commercial driver's licence.

The court found that the regulations substantively discriminated against the applicant based on her physical disability by perpetuating the stereotype that all monocular drivers are unsafe, without allowing for individual assessment.

The court further held that the infringement was not minimally impairing and therefore not justified under s. 1 of the Charter.

The court declared the regulations unconstitutional but suspended the declaration for 12 months to allow the government to amend the legislation, denying the applicant's request for an immediate individual exemption.

A case conference was held in an action brought by a self-represented plaintiff alleging Charter breaches due to frequent lockdowns at the Toronto South Detention Centre.

The court approved the parties' agreed discovery plan, scheduled a further case conference to discuss next steps, and issued general case management directions, including that no motions may be brought without leave.

The media applicants brought an application for a declaration that the police practice of impersonating journalists for criminal investigation and surveillance of public protests violates s. 2(b) of the Charter.

The court found no evidence that plainclothes officers engaging in surveillance held themselves out as journalists.

The court held that the evidentiary record did not support a finding that the practice of plainclothes surveillance in the presence of media had a chilling effect on news gathering.

The application was dismissed.

The plaintiff, having been found not criminally responsible, was ordered detained at a mental health facility but was instead held in a provincial jail for 50 days due to a lack of hospital beds.

The plaintiff sued the Crown for false imprisonment and Charter breaches.

The Crown moved to strike portions of the Statement of Claim.

The court struck the false imprisonment and Charter damages claims with leave to amend, finding the Crown statutorily immune based on the current pleadings and noting the failure to plead bad faith for Charter damages.

The court allowed the underlying Charter breach claims to proceed.

The Minister of Finance appealed a master's decision dismissing a motion to renew a writ of execution against an uninsured motorist who had filed a consumer proposal.

The motorist's driver's licence had been subject to suspension under the Motor Vehicle Accident Claims Act for failing to pay a judgment debt arising from a motor vehicle accident.

The Superior Court dismissed the appeal, finding an operational conflict between the provincial legislation and the federal Bankruptcy and Insolvency Act.

The court held that the provincial scheme was effectively a debt collection mechanism that subverted the federal bankruptcy scheme and the 'fresh start' principle, rendering the provincial provision inoperative to the extent of the inconsistency.