The Court of Appeal for Ontario partially allowed an appeal by the family of a deceased First Nations child, Brody Meekis, who died of strep throat following an allegedly flawed coronial investigation.
The family's civil claim, which included allegations of misfeasance in public office, negligent supervision, and Charter s. 15 discrimination, had been entirely struck by the motion judge.
The Court of Appeal reinstated the misfeasance in public office and Charter claims, finding that the motion judge erred in concluding they had no reasonable prospect of success.
The court clarified that discriminatory conduct, even within discretionary powers, can constitute unlawful action for misfeasance, and that adverse impact discrimination under s. 15 of the Charter can arise from the application of seemingly neutral laws that disproportionately disadvantage protected groups.
The claim for negligent supervision remained struck.