Gratton-Masuy Environmental Technologies Inc. v. Ontario

Gratton-Masuy Environmental Technologies Inc. v. Ontario

The Commission is a non-corporate statutory entity not legally capable of being sued in an action for declaratory or injunctive relief; relief in the nature of certiorari/prohibition or other non-damages public law remedies must be sought by judicial review under the JRPA. Separately, the appellants’ statement of...

Source-derived case information.

Citation
2010 ONCA 501
Parties
Plaintiff/appellant: Gratton-Masuy Environmental Technologies Inc. (c.o.b. as Ecoflo Ontario); Plaintiff/appellant: Waterloo Biofilter Systems Inc.; Defendant/respondent (crown Representative Capacity): Her Majesty the Queen in Right of Ontario; Defendant/respondent (statutory Body): Building Materials Evaluation Commission; Defendant/respondent (individual Member): Judith Beauchamp; Defendant/respondent (individual Member): Corneliu E. Chisu; Defendant/respondent (individual Member): Antonio Chow; Defendant/respondent (individual Member): Craig Cunningham; Defendant/respondent (individual Member): Gerard A. L. Egberts; Defendant/respondent (individual Member; Subcommittee Member): Gregory Ford; Defendant/respondent (individual Member): Matthew Graham; Defendant/respondent (individual Member): Barry Haywood; Defendant/respondent (individual Member): Elizabeth Hilfrich; Defendant/respondent (individual Member; Subcommittee Member): Douglas Joy; Defendant/respondent (individual Member): Edward J. Link; Defendant/respondent (individual Member; Subcommittee Member): Donald J. Morton; Defendant/respondent (individual Member; Subcommittee Member): Rashmi Nathwani; Defendant/respondent (individual Member): Matthew Roberts; Defendant/respondent (individual Member): Eugene Stodolak; Defendant/respondent (individual Member): Susan Reed Tanaka; Defendant/respondent (individual Member; Subcommittee Member): James Wilkinson; Defendant/respondent (individual Member): Brian Willison; Defendant/respondent (individual Member): Frank Wright
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
12 July 2010
Procedural Posture
Civil Appeal From Divisional Court Order Concerning Judicial Review/administrative Law / Decision on Appeal (court of Appeal for Ontario)
Outcome
Appeal dismissed; action against the Commission dismissed; pleading struck as against Subcommittee Members and Crown
Legal Topics
Suability of Statutory Bodies, Misfeasance in Public Office, Judicial Review Vs. Action for Declaratory/injunctive Relief, Immunity From Suit Under Statute, Pleading Requirements and Summary Striking
Source Language
english
Administrative Law Civil Procedure Tort Law Suability of Statutory Bodies Misfeasance in Public Office Judicial Review Vs. Action for Declaratory/injunctive Relief Immunity From Suit Under Statute Pleading Requirements and Summary Striking

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Parties

Gratton-Masuy Environmental Technologies Inc. (c.o.b. as Ecoflo Ontario)

Plaintiff/appellant

Waterloo Biofilter Systems Inc.

Plaintiff/appellant

Her Majesty the Queen in Right of Ontario

Defendant/respondent (crown Representative Capacity)

Building Materials Evaluation Commission

Defendant/respondent (statutory Body)

Judith Beauchamp

Defendant/respondent (individual Member)

Corneliu E. Chisu

Defendant/respondent (individual Member)

Antonio Chow

Defendant/respondent (individual Member)

Craig Cunningham

Defendant/respondent (individual Member)

Gerard A. L. Egberts

Defendant/respondent (individual Member)

Gregory Ford

Defendant/respondent (individual Member; Subcommittee Member)

Matthew Graham

Defendant/respondent (individual Member)

Barry Haywood

Defendant/respondent (individual Member)

Elizabeth Hilfrich

Defendant/respondent (individual Member)

Douglas Joy

Defendant/respondent (individual Member; Subcommittee Member)

Edward J. Link

Defendant/respondent (individual Member)

Donald J. Morton

Defendant/respondent (individual Member; Subcommittee Member)

Rashmi Nathwani

Defendant/respondent (individual Member; Subcommittee Member)

Matthew Roberts

Defendant/respondent (individual Member)

Eugene Stodolak

Defendant/respondent (individual Member)

Susan Reed Tanaka

Defendant/respondent (individual Member)

James Wilkinson

Defendant/respondent (individual Member; Subcommittee Member)

Brian Willison

Defendant/respondent (individual Member)

Frank Wright

Defendant/respondent (individual Member)

Procedural Posture

Civil Appeal From Divisional Court Order Concerning Judicial Review/administrative Law / Decision on Appeal (court of Appeal for Ontario)

Legal Issues

  1. 1 Whether the Building Materials Evaluation Commission is a suable entity for declaratory and injunctive relief
  2. 2 Whether the statement of claim discloses a reasonable cause of action against Subcommittee Members for misfeasance in public office (bad faith/malice)

Ratio Decidendi

The Commission is a non-corporate statutory entity not legally capable of being sued in an action for declaratory or injunctive relief; relief in the nature of certiorari/prohibition or other non-damages public law remedies must be sought by judicial review under the JRPA. Separately, the appellants’ statement of claim failed to plead the requisite material facts and particularized allegations of bad faith or malice to ground misfeasance in public office and to overcome the statutory immunity in s.31(1) of the Building Code Act; accordingly the action against the Commission was dismissed and the claim against the Subcommittee Members and Crown struck.

Court Disposition

Appeal dismissed; action against the Commission dismissed; pleading struck as against Subcommittee Members and Crown

Orders

  • Appeal dismissed
  • Action against the Building Materials Evaluation Commission dismissed