Leslie Ross

The applicants, families of adults with severe autism, sought judicial review of the Ministry's decision to discontinue special, non-statutory funding for Applied Behavioural Analysis (ABA) therapy and transition them to mainstream adult developmental services.

The Divisional Court dismissed the application, holding that the allocation of public funds is a political decision not subject to judicial review absent bad faith.

The court also dismissed the applicants' Charter claims, reaffirming that section 7 does not impose a positive obligation on the state to fund specific health or social services, and finding no breach of sections 7, 9, or 12 regarding one applicant's involuntary hospitalization under the Mental Health Act.

The representative plaintiff, Narcise Alex Kakegabon, brought a motion to vary the certification order in a class proceeding concerning toxic mould on Long Lake No. 58 First Nation's reserve.

The motion sought to remove Kim Orr Barristers P.C. as class counsel and appoint Turan Law Office P.C. as new class counsel, along with ancillary relief.

The plaintiff cited a loss of confidence in the previous counsel due to lack of progress, noting that approximately half of the class members had passed away since certification.

The court, applying the principles from Fantl v. Transamerica, considered the competence of the proposed counsel, the propriety of the choice, and potential prejudice to the class.

Neither the defendant nor the previous class counsel opposed the motion.

The court found no concerns regarding the proposed counsel's competence or the plaintiff's choice, and no prejudice to the class.

The motion was granted.