Naomi Loewith

The City of Toronto sought leave to appeal a decision dismissing its motion to quash a summons to examine a city councillor.

The underlying applications challenged a municipal by-law removing a licensing exemption for airport taxis, alleging bad faith.

The City argued that the intention of a legislative body cannot be established through the examination of a single councillor.

The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the motions judge's decision that the councillor's statements had an institutional quality that might reflect the intention of City Council.

Following the dissolution of the law firm representing the plaintiff in a proposed class proceeding, the representative plaintiff chose to retain a new firm formed by some of the former partners.

The appellant, a firm formed by the former supervising partner, brought a motion to strike the notice of change of solicitors and replace the representative plaintiff.

The Court of Appeal dismissed the appeal, holding that a representative plaintiff has the right to choose counsel, subject to court review based on competence, improper considerations, and prejudice to the class.

The court also stayed a competing class action commenced by the appellant as an abuse of process.