The plaintiffs moved to certify a class action against the Government of Ontario for damages resulting from the early termination of the Ontario Basic Income Pilot project.
The plaintiffs alleged breach of contract, breach of undertaking, negligence, breach of public law duty, and breach of section 7 of the Charter.
The Superior Court of Justice dismissed the certification motion, finding it plain and obvious that the statement of claim disclosed no reasonable cause of action.
The court held that the relationship was not contractual, the government's decision to cancel the program was a core policy decision protected by common law and statutory immunity, and there is no constitutional right to the continuation of a government program.
