2 total
Public interest litigants ordered to pay $10,000 in costs for advancing meritless statutory claims.
The City of Brampton sought costs after successfully moving to strike portions of the applicants' claim regarding the Tamil Genocide Monument.
The applicants argued that no costs should be awarded because they were public interest litigants and of limited financial means.
The court found that while the underlying constitutional challenge was public interest litigation, the struck claims under the Building Code and Planning Act were meritless fishing expeditions.
The court rejected the impecuniosity argument due to a lack of evidentiary foundation.
The applicants were ordered to pay $10,000 in partial indemnity costs.
Constitutional challenge to the Tamil Genocide Education Week Act, 2021 dismissed; Act found intra vires and Charter-compliant.
The applicants, representing members of Ontario's Sinhalese diaspora, brought applications challenging the constitutionality of the Tamil Genocide Education Week Act, 2021.
They argued the Act was ultra vires the province and violated their rights under sections 2(b) and 15 of the Charter.
The Superior Court of Justice dismissed the applications, finding that the Act is in pith and substance related to education, which falls within provincial jurisdiction.
The court further held that the Act does not restrict freedom of expression, nor does it create a discriminatory distinction based on enumerated or analogous grounds.
