2 total
Motion for leave to appeal granted with no costs ordered.
The moving party brought a motion for leave to appeal an earlier order.
The Divisional Court granted the motion for leave to appeal.
Pursuant to an agreement between the parties, no costs were ordered.
Application survives against Ontario but is struck against Canada.
On a motion to strike a constitutional application challenging Ontario's funding of Roman Catholic and public schools to the exclusion of Jewish day schools and other independent faith-based schools, the court held it was not plain and obvious that the applicants could not satisfy the Bedford and Carter threshold for revisiting binding precedent.
The court found a reasonable prospect that changes in constitutional interpretation, state neutrality, international law, minority-rights jurisprudence, and the amendment adding s. 93A could fundamentally shift the parameters of the debate as against Ontario.
The claim against Canada was struck because education funding is a provincial matter, Canada had taken no impugned legislative action, and unincorporated treaty obligations were not directly enforceable against it in this proceeding.
The motion therefore succeeded only in part.
