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.
