S. Valair

The plaintiffs brought an action against the investigating coroner, supervising coroners, and Ontario following the death of a four-year-old child in a remote First Nation community.

The plaintiffs alleged misfeasance in public office, negligent supervision, breach of s. 15 of the Charter, and breach of the honour of the Crown regarding the coroner's investigation.

The defendants brought a motion to strike the statement of claim for failing to disclose a reasonable cause of action.

The court struck all claims without leave to amend, finding that the coroners' actions fell within their statutory discretion, statutory immunity barred the negligence claims, no private law duty of care was owed, and the Charter and honour of the Crown claims had no reasonable prospect of success.

The Town of Georgina brought a motion for an interim restraining order to prevent the respondents from dumping fill on a former pit property without a permit under the Town's Site Alteration By-law.

The respondents argued they were importing fill to rehabilitate the land pursuant to a site plan under the Aggregate Resources Act.

The court granted the interim restraining order, finding a serious issue to be tried, no irreparable harm to the respondents if delayed, and that the balance of convenience favoured the Town and the province, as the corporate owner of the land had been dissolved and the property was vested in the Crown.