Zachary Green

In a proposed class action regarding the rates charged for collect calls made by prisoners in Ontario correctional facilities, the plaintiffs brought a motion to strike portions of an affidavit sworn by an employee of the defendant telecommunications company.

The plaintiffs argued the affiant was improperly giving expert opinion evidence.

The court dismissed the motion, finding that the affiant was providing factual evidence regarding the regulatory framework and the operation of the telephone system, not expert opinion.

Five organizations brought motions to intervene in an application challenging the constitutionality of the Safe Streets Act.

The applicant consented and the respondent did not oppose.

The court applied the test for intervention under Rule 13.02 and found that all five proposed intervenors—the Ontario Human Rights Commission, Aboriginal Legal Services, Justice for Children and Youth, the Income Security Advocacy Centre, and the Canadian Civil Liberties Association—met the criteria.

Each organization demonstrated special expertise, a real and substantial interest in the proceedings, and the ability to provide an important and distinct perspective.

The motions to intervene were granted.

The plaintiffs, a group of affiliated wine manufacturers and retailers, brought an action against the LCBO, the AGCO, and the Crown challenging the 'Made Policy', which regulates where wineries can sell their products.

The parties brought six competing motions, including motions to strike pleadings, motions for summary judgment, and a motion regarding the late disclosure of a tolling agreement between the defendants.

The court dismissed the plaintiffs' motion to strike the defendants' pleadings over the tolling agreement, finding it did not alter the expected adversarial landscape.

The court struck significant portions of the plaintiffs' statement of claim against the LCBO and AGCO, particularly allegations relating to pre-2001 conduct that had been settled in prior litigation, and claims for intentional interference with economic relations.

The Crown's motion for summary judgment was granted, dismissing the action against it.

The AGCO's and the plaintiffs' respective motions for summary judgment were dismissed, as the complex factual matrix and allegations of bad faith required a trial.

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.

The applicant, an 80-year-old man with advanced-stage aggressive lymphoma, brought a preliminary motion for confidentiality orders in his application for physician-assisted death under the Carter framework.

He sought orders allowing him, his family, and his physicians to proceed anonymously, a publication ban on identifying information, and a sealing order for the application record, proposing to file a redacted version for the public.

The media respondents opposed the anonymity of the physicians and requested a 'counsel's eyes only' review of the unredacted record.

The court granted the motion, finding that the applicant's proposal struck the appropriate balance between the open court principle and the need to protect the privacy and dignity of the applicant, as well as the public interest in not deterring physicians from participating in such applications.