Rochelle S. Fox

The Ontario Public Service Employees Union (OPSEU) and two individuals applied for a declaration that the Colleges of Applied Arts and Technology Labour Dispute Resolution Act, 2017, which ended a five-week college strike, infringed their freedom of association rights under section 2(d) of the Canadian Charter of Rights and Freedoms, and sought damages.

The Crown in Right of Ontario and the College Employer Council argued the Act did not infringe the Charter or was justified under section 1.

The court dismissed the application, finding that the Act did not substantially interfere with meaningful collective bargaining, as the parties were at an impasse.

Alternatively, the court held that even if there was an infringement, it was justified under section 1, given the pressing and substantial objective of resuming college instruction, the rational connection of the legislation, its minimal impairment (by substituting a neutral arbitration process), and its proportionality.

This motion concerned the certification of a proposed class action against the provincial government regarding the negligent operation and administration of social assistance programs for developmentally disabled adults.

The plaintiff alleged negligence, breach of fiduciary duty, and breach of section 7 of the Canadian Charter of Rights and Freedoms, primarily due to indeterminate waitlists and flawed prioritization for approved services.

The court certified the class action, allowing the negligence and Charter claims to proceed, but struck the breach of fiduciary duty claim.

Common issues related to duty of care, Charter rights, and the availability of punitive damages were certified, while aggregate damages and the amount of punitive damages were not.

R.A.R., the father of A.J.H-R., brought a motion in the Superior Court seeking to set aside an adoption order and extend the time to appeal a Crown Wardship order, which was granted without access in 2011.

This action was prompted by the Motherisk Commission's finding that hair follicle tests significantly influenced the original wardship decision.

The current motion was for directions on the proper procedural route, venue, and statutory pathway, with R.A.R. relying on sections 7 and 24 of the Charter of Rights and Freedoms.

The court adjourned the procedural motion to allow the newly retained counsel for the adoptive parents to take instructions and to encourage the parties to explore alternative dispute resolution, such as mediation, given the complex issues involved.

The applicant brought an urgent application for physician-assisted death and sought confidentiality orders, including a publication ban and sealing order, without giving notice to the media.

The court balanced the open court principle with the applicant's dire medical circumstances and privacy interests.

The court granted an interim publication ban and sealing order, authorized the use of pseudonyms, and directed the applicant to provide notice to the media, giving the media 60 days to bring a motion to challenge the orders.