The Catalyst Group Inc. v. Dundee Kilmer Developments Limited Partnership, 2021 ONSC 2132

Case Summary

The Crown moved to strike out the plaintiff's Second Amended Claim for misfeasance in public office under Rule 21.01(1)(b) of the Rules of Civil Procedure. The plaintiff alleged the Crown unlawfully directed Infrastructure Ontario to exclude it from participating in the financing of a public tendering project. The court found that the Crown was entitled to make decisions adverse to the plaintiff's interests in a public tendering process, and the pleadings did not plausibly support a conclusion that the Crown acted for an improper purpose or in bad faith. The claim was struck out without leave to amend. The court also held that, alternatively, the plaintiff would have required leave to proceed under the Crown Liability and Proceedings Act, 2019.

COURT FILE NO.: CV-14-10670-00CL

DATE: 20210322

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: THE CATALYST GROUP INC., Plaintiff (Responding Party)

AND:

DUNDEE KILMER DEVELOPMENTS LIMITED PARTNERSHIP, DUNDEE REALTY CORPORATION, KD INFRASTRUCTURE L.P., KILMER VAN NOSTRAND CO. LIMITED, JOHN DOE CORPORATIONS PARTNERSHIPS, INFRASTRUCTURE ONTARIO and ONTARIO INFRASTRUCTURE AND LANDS CORPRATION (FORMERLY ONTARIO INFRASTRUCTURE PROJECTS CORPORATION), THE MINISTRY OF INFRASTRUCTURE OF ONTARIO AND HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, Defendants (Moving Party)

BEFORE: Cavanagh J.

COUNSEL: Christopher P. Thompson, for the Her Majesty the Queen in Right of Ontario (Moving Party)

David Moore and Kenneth G.G. Jones, for the Plaintiff (Responding Party)

HEARD: January 14, 2021

ENDORSEMENT

Introduction

[1] This is a motion by Her Majesty the Queen in right of Ontario (the “Crown”) to strike out the Second Fresh as Amended Consolidated Statement of Claim (“Second Amended Claim”) of the plaintiff The Catalyst Capital Group Inc. (“Catalyst”) as against the Crown pursuant to Rule 21.01(1)(b) of the Rules of Civil Procedure on the ground that the Second Amended Claim discloses no reasonable cause of action.

[2] The Crown also moves, in the alternative, in a companion motion, for an order requiring the plaintiff to obtain leave of the

The Catalyst Group Inc. v. Dundee Kilmer Developments Limited Partnership, 2021 ONSC 2132

Case Summary

Introduction

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Issues

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Legal Tests 2

Legislation 1