COURT OF APPEAL FOR ONTARIO

CITATION: Ruck v. Mississauga (City), 2025 ONCA 147

DATE: 20250226

DOCKET: COA-24-CV-0540

Nordheimer, Gomery and Dawe JJ.A.

BETWEEN

Wolf Ruck

Applicant (Appellant)

and

The City of Mississauga

Respondent (Respondent)

Counsel:

Wolf Ruck, acting in person

Daron Earthy, for the respondent

John Mather and Lauren Baker, for the intervenor, Canadian Constitution Foundation

Heard and released orally: February 24, 2025

On appeal from the judgment of Justice William M. LeMay of the Superior Court of Justice, dated May 2, 2024.

REASONS FOR DECISION

[1] It is our view that s. 109 of the Courts of Justice Act had to be complied with. Both Attorneys General were entitled to notice of the constitutional issue, to file evidence and to make submissions, if they chose to do so. The requirements of the section are mandatory. In light of that, we are compelled to set aside the order below, and if Mr. Ruck wishes to pursue the matter, it must be reheard before a judge of the Superior Court of Justice on proper notice to the Federal and Provincial Attorneys General. No order as to costs.

"I.V.B. Nordheimer J.A."

"S. Gomery J.A."

"J. Dawe J.A."