Nancy Ghobrial

This decision certifies a class action against the Province of Ontario regarding the issuance of "Birth Alerts" by Ontario children's aid societies (CASs), but declines to certify the action against the CASs themselves.

The court finds that the claims against the CASs suffer from the "Ragoonanan problem"—the lack of a representative plaintiff with a claim against each defendant—and that the CASs acted independently, not collectively.

The action against Ontario, however, is certified on the basis of negligence and breaches of sections 7 and 15 of the Charter, as the Province had oversight authority and failed to act to stop the practice despite being able to do so.

The court sets out the certified class, common issues, and clarifies the preferable procedure for such claims.

The applicant, Marshall Kazman, a disbarred lawyer charged with multiple counts of fraud, possession of proceeds of crime, and committing an offence for the benefit of a criminal organization, sought a Rowbotham order for state-funded legal counsel.

The Crown resisted the application.

The court applied the three-part test for a Rowbotham order: (1) ineligibility for or refusal of legal aid, (2) indigence, and (3) material compromise of the right to a fair trial without counsel.

The court found that Kazman was responsible for Legal Aid Ontario's refusal due to non-cooperation, failed to convincingly demonstrate indigence by providing insufficient financial evidence and making conscious choices to prioritize other debts over legal fees, and was capable of self-representation despite the case's complexity and his health claims (heart attack, ADHD).

The application for a Rowbotham order was dismissed.