Taia Wong

The plaintiffs sued Ontario in negligence, alleging the province failed to prevent the outbreak of West Nile Virus in 2002, resulting in the deceased contracting the virus and dying from complications.

Ontario moved to strike the statement of claim for disclosing no reasonable cause of action.

The motions judge and Divisional Court dismissed the motion.

On appeal, the Court of Appeal allowed the appeal and struck the claim, holding that the Health Protection and Promotion Act imposes a general public law duty to protect health, but does not create a private law duty of care owed to specific individuals to prevent the spread of infectious diseases.

The applicant, operator of the Highway 407 toll road, sought an order of mandamus compelling the Registrar of Motor Vehicles to refuse to validate or issue vehicle permits for individuals who failed to pay tolls.

The Registrar had refused to act, arguing that he had a duty to ensure the applicant complied with the statutory scheme and that individuals were not wrongly denied plate renewals.

The Divisional Court granted the application, finding that the Highway 407 Act imposes a mandatory duty on the Registrar to deny permits upon receiving notice of non-payment.

The court held that the Registrar has no discretion or oversight role to look behind the notices or compliance certificates, and declined to exercise its residual discretion to refuse mandamus.