Heegsma v. Hamilton (City)

Heegsma v. Hamilton (City)

Leave to intervene was granted to BCCLA, CCLA, CCHR, OHRC, LEAF, City of Toronto and The Corporation of the City of Kingston (limited to municipal immunity issue); leave was denied to CCPI/NRHN, CJI/NCLC, and ISAC/MHLC because their proposed issues were beyond the scope of the appeal or duplicative; terms and limits on interveners' participation and scheduling orders were imposed (no new issues or evidence, factum deadlines, oral time limits, no costs).

Citation
2025 ONCA 904
Parties
Applicant (appellant): Kristen Heegsma; Applicant (appellant): Darrin Marchand; Applicant (appellant): Gord Smyth; Applicant (appellant): Mario Muscato; Applicant (appellant): Shawn Arnold; Applicant (appellant): Cassandra Jordan; Applicant (appellant): Julia Lauzon; Applicant (appellant): Ammy Lewis; Applicant (appellant): Ashley MacDonald; Applicant (appellant): Corey Monahan; Applicant (appellant): Misty Marshall; Applicant (appellant): Sherri Ogden; Applicant (appellant): Jahmal Pierre; Applicant (appellant): Linsley Greaves; Respondent (respondent): City of Hamilton
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
24 December 2025
Procedural Posture
Civil (charter) / Motions for Leave to Intervene Decided; Appeal Scheduled for Feb 10 11, 2026
Outcome
Motions for leave to intervene granted in part and dismissed in part; procedural timetable and strict terms imposed on interveners; appeal scheduled.
Legal Topics
Charter S.7, Charter S.15, Intervener Leave, Municipal by Law on Encampments, Charter Damages, Homelessness/encampments
Source Language
English
Constitutional Law Municipal Law Human Rights Civil Procedure Administrative Law Charter S.7 Charter S.15 Intervener Leave +3 more

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Parties

Kristen Heegsma

Applicant (appellant)

Darrin Marchand

Applicant (appellant)

Gord Smyth

Applicant (appellant)

Mario Muscato

Applicant (appellant)

Shawn Arnold

Applicant (appellant)

Cassandra Jordan

Applicant (appellant)

Julia Lauzon

Applicant (appellant)

Ammy Lewis

Applicant (appellant)

Ashley MacDonald

Applicant (appellant)

Corey Monahan

Applicant (appellant)

Misty Marshall

Applicant (appellant)

Sherri Ogden

Applicant (appellant)

Jahmal Pierre

Applicant (appellant)

Linsley Greaves

Applicant (appellant)

City of Hamilton

Respondent (respondent)

Procedural Posture

Civil (charter) / Motions for Leave to Intervene Decided; Appeal Scheduled for Feb 10 11, 2026

Legal Issues

  1. 1 Whether municipal by-law prohibiting tents/encampments violated ss.7 and 15 of the Charter
  2. 2 Whether appellants are entitled to Charter damages and the immunity threshold for municipalities
  3. 3 Whether proposed interveners should be granted leave to intervene

Ratio Decidendi

Leave to intervene was granted to BCCLA, CCLA, CCHR, OHRC, LEAF, City of Toronto and The Corporation of the City of Kingston (limited to municipal immunity issue); leave was denied to CCPI/NRHN, CJI/NCLC, and ISAC/MHLC because their proposed issues were beyond the scope of the appeal or duplicative; terms and limits on interveners' participation and scheduling orders were imposed (no new issues or evidence, factum deadlines, oral time limits, no costs).

Court Disposition

Motions for leave to intervene granted in part and dismissed in part; procedural timetable and strict terms imposed on interveners; appeal scheduled.

Orders

  • Grant leave to intervene to the British Columbia Civil Liberties Association, Canadian Civil Liberties Association, Canadian Centre for Housing Rights, Ontario Human Rights Commission, Women’s Legal Education and Action Fund, City of Toronto and The Corporation of the City of Kingston (Kingston limited to municipal...
  • Deny leave to intervene to the Charter Committee on Poverty Issues and the National Right to Housing Network, Clinique juridique itinérante and Niagara Community Legal Clinic, and Income Security Advocacy Centre and Mental Health Legal Committee, without costs