2 total
Statement of claim against Ontario for damages arising from the SARS outbreak struck in its entirety.
The plaintiffs sued Ontario for damages suffered as a result of contracting SARS during the 2003 outbreak, alleging negligence, breach of statutory duty, conflict of interest, and breach of section 7 of the Charter.
Ontario moved to strike the statement of claim.
The motion judge struck parts of the claim but allowed the negligence, conflict of interest, and Charter claims to proceed.
On appeal, the Court of Appeal held that it was plain and obvious the allegations did not give rise to a private law duty of care or a viable Charter claim.
The appeal was allowed and the statement of claim was struck in its entirety.
Motion for leave to appeal order setting aside noting in default dismissed.
The plaintiff sought leave to appeal an interlocutory order setting aside a noting in default.
The motions judge had set aside the noting in default because the requisition incorrectly stated the ground as failure to file a statement of claim.
The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the order and concluding that the issues raised were not of general importance.
