The plaintiffs sought leave to amend their Statement of Claim to add new parties and assert additional causes of action, including nuisance, negligence, and various Charter and international covenant claims.
The defendants opposed the amendments and brought motions to strike.
The court denied leave to add new Ministries/Ministers, dismissed claims based on international covenants as not actionable in domestic law, and rejected most Charter claims (specifically s. 7) on the basis of issue estoppel, as these issues had been previously determined by the Environmental Review Tribunal and upheld by the Divisional Court.
However, the court permitted amendments for nuisance and negligence claims against the K2 defendants, acknowledging that the alleged harms were now realized post-construction.
The action against Her Majesty the Queen in Right of Ontario and the Director was dismissed.
