Richard Grayson Ogden

The applicant, Hudson's Bay Company, sought judicial review of a regulation that required its department stores to close during the COVID-19 pandemic while allowing big box stores that sell groceries to remain open.

The applicant argued the distinction was irrational and ultra vires the enabling statute.

The Divisional Court dismissed the application, finding that the regulation was authorized by the Reopening Ontario Act and consistent with its purpose of balancing public health measures with economic concerns.

The court held that it is not the role of the judiciary to assess the wisdom or efficacy of the government's policy choices.

The Chippewas of Nawash Unceded First Nation and the Ontario Heritage Trust appealed the Niagara Escarpment Commission's conditional approval of a development permit for a property located within a sacred cultural landscape.

The parties reached a settlement agreement involving the purchase of the subject property by the Chippewas of Nawash.

The Hearing Officers confirmed the conditional approval with a revised expiration date, as agreed by the parties, and the appeals were withdrawn.

This endorsement addresses two motions to intervene in a land claim action brought by the Cree Nation of Eeyou Istchee against the Crown.

The Moose Cree First Nation sought to intervene as a necessary party, claiming exclusive Aboriginal title to a portion of the disputed lands.

The Nishnawbe Aski Nation (NAN), a political territorial organization representing 49 First Nations, sought to intervene as an added party, asserting a general interest in the interpretation and application of Treaty #9.

The court granted the Moose Cree First Nation status as a necessary party without conditions under Rule 5.03, acknowledging its direct territorial claim.

The Nishnawbe Aski Nation was granted status as a friend of the court under Rule 13.02, with specific limitations on its participation, as it lacked a direct or immediate interest in the substance of the claim independent of its members.

The court emphasized the complexity of multi-lateral disputes between First Nations in the context of reconciliation.

The plaintiff First Nation brought an action against Canada and Ontario for failing to set aside a reserve for them under Treaty No. 9 in 1906.

The parties agreed that a reserve should have been set aside.

The threshold issue at trial was determining the 'crystallization date'—the point in time at which the band's population should be assessed to calculate the size of the reserve.

The plaintiffs argued the population should be determined as of the date the reserve is actually set aside or the date of the court's declaration.

The Crown argued the population should be determined as of the date the treaty was made.

The court held that the common intention of the parties, based on the text of the treaty and its historical context, was that reserves were to be set aside and sized according to the population at the time the treaty was made.

A junior mining company sued Ontario for damages after its relationship with a First Nation collapsed and its exploration program stalled.

The plaintiff argued that the Crown's constitutional duty to consult and related obligations under the Mining Act extended to protect the company as a third-party mining claimant.

The court held that the honour of the Crown and any associated fiduciary or consultation duties run to Indigenous communities, not to mining proponents, and do not create an enforceable private law duty of care in favour of the plaintiff.

Applying the Anns/Cooper framework, the court further found that neither the legislative scheme nor the limited interactions between the parties established sufficient proximity.

The action was dismissed.

Following the dismissal of an action on summary judgment concerning alleged nondisclosure in a land sale, the successful defendants sought costs on a partial indemnity basis.

The plaintiffs had alleged that the vendor Crown breached duties of good faith and honesty by failing to disclose Indigenous land-related claims affecting the property.

The court reviewed the principles governing costs under Rule 57.01 and the Courts of Justice Act and rejected the argument that the Crown’s costs should be discounted because government counsel are salaried.

The court held the defendants’ claimed fees and disbursements were reasonable given the complexity of responding to allegations of bad faith and the extensive factual investigation required.

Costs of $383,745.81 on a partial indemnity basis were awarded to the defendants.

The defendants moved for summary judgment to dismiss the plaintiffs' action arising from a real estate transaction.

The plaintiffs, real estate developers, purchased surplus government land and later faced blockades by aboriginal protesters.

The plaintiffs alleged the defendants breached a duty of good faith and failed to disclose latent defects by not informing them of prior monetary claims and a lawsuit by the Six Nations regarding the land.

The court granted summary judgment dismissing the action, finding no duty to disclose the claims under the contract, no evidence of dishonesty to trigger a breach of good faith, and that the claims did not constitute a latent defect as they did not render the land uninhabitable or dangerous.

The plaintiffs sought damages arising from the termination of a memorandum of understanding and a subsequent agreement relating to the proposed development of an 80 MW wind energy project on the defendant's industrial lands.

The court held that both documents were largely agreements to agree and therefore unenforceable with respect to the broader development and lease arrangements.

However, the documents imposed limited binding obligations, including a requirement to provide 60 days’ notice before termination of the memorandum and an obligation to allow access for wind measurement under the second agreement.

The defendant breached those obligations by terminating immediately and preventing continued wind testing.

Claims for fiduciary duty, breach of confidence, unjust enrichment, partnership, and loss of chance damages were rejected.

The proposed representative plaintiff in a class proceeding alleged misrepresentations by the defendant, Canadian Solar Inc., in its secondary market disclosure.

The defendant's shares traded only on the NASDAQ exchange, not in Canada.

The defendant appealed a motion judge's finding that it was a 'responsible issuer' under s. 138.1 of the Securities Act.

The Court of Appeal dismissed the appeal, holding that the definition of 'responsible issuer' does not require the issuer's securities to be publicly traded in Canada, provided the issuer has a real and substantial connection to Ontario.

Three lead complainants alleged that the special diet allowance component of the Ontario Disability Support Program (ODSP) discriminated against them on the basis of disability.

The Tribunal established a four-part test to determine discrimination in the program: the claimant must have a disability, there must be general medical recognition that a special diet is required, the diet must lead to additional food costs, and the funding must be non-existent or significantly disproportionate to the costs.

The Tribunal found that the program discriminated against W. by failing to fund hypoproteinemia and underfunding hypertension and hypercholesterolemia.

S. was discriminated against due to underfunding for extreme obesity, and B. was discriminated against due to underfunding for hypercholesterolemia.

The Tribunal ordered the respondent to provide retroactive and ongoing benefits in accordance with the Code principles, but declined to award general damages or order a specific redesign of the program.