Baltrusaitis v. Ontario

The appeal is dismissed because, even assuming timeliness, the claims have no merit; the s.15 claim in particular was fatally vague and unsupported by evidence such that it could not succeed, and there was no error in the trial judge’s costs award.

Citation: 2011 ONCA 608
Parties: Appellant (plaintiff): Vytautas (Chuck) Baltrusaitis; Respondent (defendant): Her Majesty the Queen in Right of Ontario, the Attorney General of Ontario
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 26 September 2011
Procedural Posture: Civil Appeal From Superior Court / Appeal Decision
Outcome: Appeal dismissed
Legal Topics: Equality Rights (charter S.15), Limitations Act, Costs, Pleadings/vagueness
Source Language: English

Civil Constitutional Law Civil Procedure Limitation Periods Equality Rights (charter S.15) Limitations Act Costs Pleadings/vagueness

Case Brief

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Parties

Vytautas (Chuck) Baltrusaitis

Appellant (plaintiff)

Her Majesty the Queen in Right of Ontario, the Attorney General of Ontario

Respondent (defendant)

Procedural Posture

Civil Appeal From Superior Court / Appeal Decision

Legal Issues

1 Whether the s.15 Charter claim had substantive merit
2 Whether the claims were statute-barred under the Limitations Act
3 Whether the pleadings were sufficiently particularized to permit analysis

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Costs of the appeal awarded to the respondent in the amount of $8,000 inclusive of disbursements and all applicable taxes