Mary Margaret Droney Churchill

The Court of Appeal for Ontario partially allowed an appeal by the family of a deceased First Nations child, Brody Meekis, who died of strep throat following an allegedly flawed coronial investigation.

The family's civil claim, which included allegations of misfeasance in public office, negligent supervision, and Charter s. 15 discrimination, had been entirely struck by the motion judge.

The Court of Appeal reinstated the misfeasance in public office and Charter claims, finding that the motion judge erred in concluding they had no reasonable prospect of success.

The court clarified that discriminatory conduct, even within discretionary powers, can constitute unlawful action for misfeasance, and that adverse impact discrimination under s. 15 of the Charter can arise from the application of seemingly neutral laws that disproportionately disadvantage protected groups.

The claim for negligent supervision remained struck.

The defendants appealed a motions judge's decision refusing to dismiss the plaintiffs' claims for negligent investigation and malicious prosecution on a summary judgment motion.

The claims arose after the plaintiff was acquitted of sexual assault charges, with the trial judge finding the complainant lacked credibility on collateral issues.

The Divisional Court allowed the appeal, holding that the motions judge erred in equating the trial judge's adverse credibility findings on collateral issues with 'overwhelming evidence' that would vitiate the police's reasonable and probable grounds for the arrest and prosecution.

The remaining claims were dismissed.

The plaintiff First Nation sued the City of Winnipeg for compensation for injurious affection caused by Winnipeg's water-taking from Shoal Lake, and sued the Province of Ontario for breach of fiduciary duty for failing to protect the plaintiff's interests and ensure compensation.

Ontario moved to strike the breach of fiduciary duty claims under Rule 21.01(1)(b) for failing to disclose a reasonable cause of action.

The court dismissed the motion, finding it was not plain and obvious that the plaintiff's claims based on sui generis and ad hoc fiduciary duties were doomed to fail, given the historical context, the 1913 Order in Council, and the Crown's potential discretionary control over the plaintiff's cognizable Aboriginal interests.

The appeal concerns the openness of a police services board hearing regarding an extension of time for service of a disciplinary notice.

Following an investigation by the Ontario Independent Police Review Director into allegations of police misconduct in the investigation of the death of an Indigenous man, a retired judge appointed as a substitute decision-maker ordered that the extension hearing be held in camera.

The Canadian Broadcasting Corporation and First Nation complainants sought judicial review, arguing that the hearing should be open pursuant to section 2(b) of the Canadian Charter of Rights and Freedoms.

The Divisional Court upheld the in camera order, finding that the Dagenais/Mentuck test did not apply to administrative proceedings and that the statutory test under the Police Services Act was sufficient.

The Court of Appeal allowed the appeal, finding that while the Dagenais/Mentuck test does not apply to administrative proceedings, the Charter right to freedom of expression and freedom of the press recognized in Langenfeld applies to police services board meetings, and the presumption of openness under the Police Services Act must be considered in light of this Charter protection.

The plaintiffs brought an action against the investigating coroner, supervising coroners, and Ontario following the death of a four-year-old child in a remote First Nation community.

The plaintiffs alleged misfeasance in public office, negligent supervision, breach of s. 15 of the Charter, and breach of the honour of the Crown regarding the coroner's investigation.

The defendants brought a motion to strike the statement of claim for failing to disclose a reasonable cause of action.

The court struck all claims without leave to amend, finding that the coroners' actions fell within their statutory discretion, statutory immunity barred the negligence claims, no private law duty of care was owed, and the Charter and honour of the Crown claims had no reasonable prospect of success.