R.P. O’Connor

The plaintiffs, comprising 473 individuals, brought an action against the Ontario government and 54 non-governmental healthcare entities, challenging COVID-19 vaccination policies and public health measures.

The defendants moved to strike the statement of claim.

The court granted the motion, finding it lacked jurisdiction over unionized employees and physicians whose claims were subject to exclusive statutory regimes.

The court also found the action to be an abuse of process due to its prejudicial scope and frivolous pleadings.

Furthermore, the court held that the statement of claim failed to disclose a reasonable cause of action for conspiracy, intimidation, intentional infliction of mental anguish, and Charter breaches.

The claim was struck in its entirety, with leave to amend.

The applicants, operators of an indoor fitness facility, sought an interlocutory injunction to prohibit the enforcement of capacity limits imposed by the local Medical Officer of Health during the COVID-19 pandemic.

The court applied the elevated 'strong prima facie case' standard because the injunction would effectively determine the application and was mandatory in nature.

The court found the applicants failed to establish a strong prima facie case that the instructions were ultra vires, issued in bad faith, arbitrary, or contrary to the Human Rights Code.

The court also found the applicants failed to demonstrate irreparable harm to themselves, and that the balance of convenience favoured the public interest in enforcing public health measures.

The motion was dismissed.