I. Perry

The City of Hamilton successfully moved to dismiss an application challenging its mandatory COVID-19 vaccination policy on the basis of mootness, after the City suspended the policy.

Both parties sought costs.

The court found that the applicants achieved significant success by prompting the policy's suspension and were entitled to partial indemnity costs up to that date.

The City was entitled to partial indemnity costs for its successful motion to dismiss.

The court set off the respective costs entitlements and ordered that no costs be paid by either party.

The applicants, non-unionized employees of the City of Hamilton, challenged the termination provisions of the City's mandatory COVID-19 vaccination policy under the Charter.

After the application was commenced, the City suspended the termination provisions indefinitely and brought a motion to dismiss the application for mootness.

The court granted the motion, finding no live controversy existed because the provisions were suspended and no applicants had suffered adverse consequences.

The court declined to exercise its discretion to hear the moot case, citing judicial economy and the hypothetical nature of any ruling on a suspended policy.