Jonathan Strug

The applicants sought an interim mandatory order requiring the Toronto District School Board to maintain Yifat Barmapov as the Special Needs Assistant for Carly Fleischmann, a child with severe autism, pending a judicial review application.

The applicants argued that replacing the assistant without a transition plan and without ensuring the replacement had Applied Behavioral Analysis (ABA) training would cause irreparable harm.

The court found a strong prima facie case that the Board's actions conflicted with its duties under the Education Act to consult with parents on the Individual Education Plan.

The court granted the interim order, finding that the balance of convenience favoured the applicants and that the child would suffer irreparable harm if the assistant was replaced.

The appellant appealed an order dismissing his motion to set aside a default judgment of nearly $50,000.

The appellant argued he was under a disability when served with the statement of claim and that the default judgment should be set aside under Rule 19.08(2).

The Court of Appeal allowed the appeal, finding that while the appellant was not under a disability at the time he was noted in default, his medical condition provided a reasonable explanation for his failure to defend the action.

The default judgment was set aside to allow the appellant to present a triable defence on the merits.

The appellants sought damages and restitution from the Government of Canada for the 'head tax' imposed on Chinese immigrants between 1885 and 1923.

They argued the legislation violated section 15 of the Charter, breached customary international law, and resulted in unjust enrichment.

The Court of Appeal upheld the motion judge's decision to strike the claim, finding that the Charter cannot apply retrospectively, customary international law did not invalidate the historical domestic legislation, and the validly enacted statutes provided a juristic reason for any enrichment.