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Motion to strike granted; government owes no private duty of care to maintain ferry capacity.
The plaintiff, a resident of Howe Island, brought an action against the Province of Ontario, the County of Frontenac, and Transport Canada after the capacity of the Howe Island ferry was reduced from 15 to 10 vehicles due to safety regulations.
The defendants brought motions to strike the statement of claim for disclosing no reasonable cause of action.
The court granted the motions, finding that the defendants owed no private law duty of care to the plaintiff to maintain a specific level of public service, and that the claim for pure economic loss was untenable.
The statement of claim was struck without leave to amend.
