Peter Rosenthal

Following a divided outcome on an application regarding taxi licensing by-laws, the intervenor, Taxiworkers Association of Ontario, sought costs against the applicant.

The court denied costs for the intervention and injunction motions because the intervenor was not a necessary party and participated on its own initiative.

However, the court awarded the intervenor $2,500 in costs for the main application, recognizing that its evidence was critical to the court's determination of the notice issue.

Permanent residents seeking Canadian citizenship challenged the constitutionality of the statutory citizenship oath requiring allegiance to the Queen under the Citizenship Act.

The applicants alleged that the oath infringed freedom of expression, freedom of religion, and equality rights under ss. 2(a), 2(b), and 15(1) of the Canadian Charter of Rights and Freedoms.

The court held that the oath constitutes compelled expression and therefore prima facie infringes s. 2(b), but concluded the infringement is justified under s. 1 as a reasonable limit because the oath symbolizes commitment to Canada’s constitutional structure and rule of law.

The court further held that the oath does not violate freedom of religion or equality rights, emphasizing its secular and universal nature and the absence of discriminatory purpose or effect.

The applicants brought an application alleging that the provincial and federal governments breached ss. 7 and 15 of the Charter by making decisions and implementing program changes which eroded access to affordable housing.

The respondents brought motions to dismiss the application on the grounds that it did not disclose a reasonable cause of action and that the issues raised were not justiciable.

The court granted the motions and dismissed the application, finding that s. 7 does not impose a positive obligation on the state to provide affordable housing, and the impugned decisions did not deny the applicants a benefit given to others under s. 15.

The court also held that the issues raised were not justiciable as they involved broad policy choices.

The plaintiff brought a motion for civil contempt against the respondent for his participation as a spokesperson in a railway blockade, in defiance of an injunction.

The respondent admitted knowledge of the order and his continued participation, leading to a finding of contempt.

In determining the appropriate sanction, the court declined to issue a continuing restraining order, noting the respondent had helped dismantle the blockade.

Applying principles for aboriginal contemnors and costs rules, the court ordered the respondent to pay costs of $16,584.87 to the plaintiff.

The alleged contemnor, Ron Plain, brought a motion for extensive disclosure in a civil contempt proceeding arising from a railway blockade.

He sought the disclosure to mount a novel Charter challenge and collateral attack against the underlying injunction.

The court dismissed the motion, holding that a collateral attack on a valid court order is not permitted in contempt proceedings.

Furthermore, applying a contextual approach to civil contempt, the court found that the extensive disclosure sought was not necessary, particularly given that the applicant sought only costs as a sanction.

The plaintiffs challenged the constitutionality of the Canadian citizenship oath under s. 24 of the Citizenship Act, alleging it infringed rights under ss. 2 and 15(1) of the Canadian Charter of Rights and Freedoms by compelling allegiance to the monarch.

After certification of the proposed class proceeding was denied and appeals were dismissed, the plaintiffs sought an order under s. 7 of the Class Proceedings Act, 1992 to continue the matter as an individual proceeding.

The defendant brought a motion to dismiss the action for delay.

The court held that although the litigation had progressed slowly, the delay was not intentional, contumelious, or such as to create a substantial risk that a fair trial would no longer be possible.

The motion to dismiss for delay was denied and the plaintiffs were permitted to continue the action individually seeking declaratory relief.