Waleed Amjed Malik

The appellant appealed a Superior Court decision dismissing his application to quash the suspension of his driver's licence.

The suspension was imposed under section 41(1)(d) of the Highway Traffic Act following the appellant's guilty plea to impaired driving in New York State, pursuant to a reciprocal agreement between Ontario and New York.

The central issue was whether the guilty plea and conditional discharge in New York constituted a conviction under Ontario law.

The Court of Appeal upheld the lower court's decision, finding that the application judge correctly interpreted the statutory provision and properly disposed of all issues raised, including natural justice and Charter arguments.

The court also rejected the appellant's argument that the absence of a transcript of the oral hearing prejudiced his appeal rights.

The plaintiffs sought certification of a class action on behalf of Indigenous children living off-reserve who have been through Ontario's child welfare system, along with their caregiving parents and grandparents, and Indigenous children who have experienced gaps and delays in accessing essential services such as education and health services.

The court dismissed the certification motion, finding that the claim lacked a viable cause of action, failed to establish an identifiable class, lacked common issues, and was not a preferable procedure for resolution.

The court held that the claim impugned broad government policies and funding decisions rather than specific wrongful acts, raising justiciability concerns.

The court also found that the representative plaintiffs could not succeed as they were attempting a collateral attack on valid court orders.

This decision certifies a class action against the Province of Ontario regarding the issuance of "Birth Alerts" by Ontario children's aid societies (CASs), but declines to certify the action against the CASs themselves.

The court finds that the claims against the CASs suffer from the "Ragoonanan problem"—the lack of a representative plaintiff with a claim against each defendant—and that the CASs acted independently, not collectively.

The action against Ontario, however, is certified on the basis of negligence and breaches of sections 7 and 15 of the Charter, as the Province had oversight authority and failed to act to stop the practice despite being able to do so.

The court sets out the certified class, common issues, and clarifies the preferable procedure for such claims.

The court dismissed a motion to certify a class action brought by Rodney Wilson against the Ontario Provincial Police for alleged privacy breaches arising from video recording detainees using the toilet in OPP cells.

The court found that the proposed common issues, including alleged Charter breaches and damages, required individualized adjudication and were not suitable for certification.

The court also addressed the evolution of OPP privacy policies and the balance between detainee privacy and institutional security.

Costs were awarded to the defendant.

Air Canada challenged the Ontario Minister of Finance’s decision to deny repayment of taxes levied under s. 2(4.1) of the Gasoline Tax Act on fuel transfers at the Ottawa airport.

Air Canada argued the tax was constitutionally inapplicable under the doctrines of interjurisdictional immunity and territorial jurisdiction.

The court held that the tax does not trench on or impair the core of federal aeronautics jurisdiction and that the transaction had a sufficient connection to Ontario to ground the province’s jurisdiction.

The applications were dismissed.

The applicant, convicted of impaired driving in New York, sought to quash the automatic one-year suspension of his Ontario driver's licence under section 41 of the Highway Traffic Act, arguing the Registrar erred by not considering equivalency to Ontario offences, breaching natural justice, and violating Charter rights.

The court dismissed the application, finding the suspension was automatic by operation of law, not discretionary, and did not engage Charter rights related to liberty, mobility, or cruel and unusual punishment, nor did it violate principles of natural justice or double criminality.

Just Energy Group Inc. and its affiliates sought an initial order for protection under the Companies' Creditors Arrangement Act (CCAA) due to a severe liquidity crisis.

This crisis stemmed from unprecedented and controversial price increases imposed by Texas regulators (ERCOT and PUCT) following an extreme winter storm.

The court granted a 10-day stay of proceedings, approved a $125 million debtor-in-possession (DIP) financing, stayed regulatory actions in Canada and the U.S., authorized charges for essential suppliers, and stayed set-off rights.

The court also approved administrative and directors and officers charges.

However, the request for third-quarter bonus payments was denied for the initial order, to be reconsidered at a later hearing.

The applicant landlord sought a declaration that harmonized sales tax (HST) must be added to settlement payments made by the respondent under a settlement agreement.

The agreement, negotiated during Companies' Creditors Arrangement Act (CCAA) proceedings, quantified the landlord's claim after the tenant disclaimed a lease.

The court found the settlement agreement ambiguous regarding the obligation to pay HST.

Applying principles of contractual interpretation, including objective factual matrix, commercial common practice in real estate, and the parties' post-execution conduct, the court determined that the settlement payments were exclusive of HST, and the respondent was required to pay HST in addition.