The defendant province brought a motion under Rule 21.01 of the Rules of Civil Procedure to strike a developer’s claim alleging breach of a settlement agreement, negligence, and negligent misrepresentation relating to a residential development affected by the Lake Simcoe Protection Act, 2008 and its accompanying protection plan.
The developer alleged the province failed to warn of the legislative changes, failed to ensure the project was grandfathered under transitional provisions, and made public representations that existing developments would not be affected.
The court held that the Act’s broad statutory immunity clause barred claims arising directly or indirectly from the enactment or implementation of the legislation.
It further found the pleading disclosed no viable contractual breach, no private law duty of care, and no basis for negligent misrepresentation.
The claim was struck as it was plain and obvious that it could not succeed.
