Steven Shrybman

The plaintiffs, Hydro One ratepayers, brought an action for misfeasance in public office against the Premier and Ministers of Finance and Energy regarding the privatization of Hydro One.

They alleged the sale was motivated by improper purposes to reward Liberal Party benefactors.

The defendants moved to strike the claim.

The court granted the motion, finding the decision to sell Hydro One shares was a core policy decision authorized by the Electricity Act, 1998, and thus immune from judicial review in a civil tort action absent bad faith, which was not adequately pleaded.

The defendants sought leave to appeal an interlocutory order dismissing their motion to strike portions of a reply in a defamation action.

The underlying action alleged defamatory statements and economic interference arising from publications about forestry practices in the Canadian boreal forest.

The reply pleading introduced allegations concerning a decades-long history of alleged unlawful campaigns by environmental organizations unrelated to the pleaded claim.

The court held there was good reason to doubt the correctness of the motions judge’s order permitting the expanded reply because it risked significantly broadening the scope of the litigation beyond the pleaded dispute.

Leave to appeal was granted given the importance of defining the permissible scope of reply pleadings and the risk of prejudice, delay, and unnecessary litigation costs.

Public interest organizations and individual electors sought an interlocutory injunction to suspend a provision of the Fair Elections Act that prohibited the Chief Electoral Officer from authorizing the Voter Information Card as proof of identity or residence for voting in a federal election.

The applicants alleged the provision infringed the right to vote under s.3 of the Canadian Charter of Rights and Freedoms and risked disenfranchising certain groups.

The court held the challenge raised a serious issue and that disenfranchisement could constitute irreparable harm.

However, binding appellate authority establishes a rule against granting interlocutory relief that effectively suspends electoral legislation immediately before an election.

Applying that principle, the balance of convenience favoured allowing the legislation to remain in force pending a full constitutional hearing.