Cavanaugh v. Grenville Christian College

Cavanaugh v. Grenville Christian College

The Court declined to exercise its discretion under s.6(2) of the Courts of Justice Act to hear the appeal of the motion judge's refusal to certify the action against the College, Farnsworth and the Estate of Haig and directed that those aspects of the appeal be transferred to the Divisional Court; the Court limited its own consideration to the cause of action issue in relation to the Diocese and reserved reasons to be delivered later.

Citation
2013 ONCA 1
Parties
Plaintiff (appellant): Lisa Cavanaugh; Plaintiff (appellant): Andrew Hale-Byrne; Plaintiff (appellant): Richard Van Dusen; Plaintiff (appellant): Margaret Granger; Plaintiff (appellant): Tim Blacklock; Defendant (respondent): Grenville Christian College; Defendant (respondent): The Incorporated Synod of the Diocese of Ontario; Defendant (respondent): Charles Farnsworth; Defendant (respondent): Betty Farnsworth; Defendant (respondent): Judy Hay, Executrix for the Estate of J. Alastair Haig; Defendant (respondent): Mary Haig
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
3 January 2013
Procedural Posture
Civil Appeal (class Action Certification and Dismissal) / Appeal to Court of Appeal From Justice Perell's Order Dated May 23, 2012; Oral Hearing December 20, 2012
Outcome
Court declined to exercise discretionary jurisdiction to hear the certification appeal against College, Farnsworth and the Estate of Haig and transferred those matters to the Divisional Court; limited issues for this Court to the cause of action issue regarding the Diocese; reasons to follow.
Legal Topics
Certification, Jurisdiction, Transfer to Divisional Court, Cause of Action, Discretion Under S.6(2) Courts of Justice Act
Source Language
English
Civil Class Actions Appellate Procedure Certification Jurisdiction Transfer to Divisional Court Cause of Action Discretion Under S.6(2) Courts of Justice Act

Case Brief

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Parties

Lisa Cavanaugh

Plaintiff (appellant)

Andrew Hale-Byrne

Plaintiff (appellant)

Richard Van Dusen

Plaintiff (appellant)

Margaret Granger

Plaintiff (appellant)

Tim Blacklock

Plaintiff (appellant)

Grenville Christian College

Defendant (respondent)

The Incorporated Synod of the Diocese of Ontario

Defendant (respondent)

Charles Farnsworth

Defendant (respondent)

Betty Farnsworth

Defendant (respondent)

Judy Hay, Executrix for the Estate of J. Alastair Haig

Defendant (respondent)

Mary Haig

Defendant (respondent)

Procedural Posture

Civil Appeal (class Action Certification and Dismissal) / Appeal to Court of Appeal From Justice Perell's Order Dated May 23, 2012; Oral Hearing December 20, 2012

Legal Issues

  1. 1 Whether this Court has jurisdiction to hear the appeal against dismissal of the action against the Diocese
  2. 2 Whether the Court should exercise its discretion under s.6(2) of the Courts of Justice Act to hear the appeal of the motion judge's refusal to certify the action against the College, Farnsworth and the Estate of Haig
  3. 3 Whether any issues other than the cause of action issue should be heard in relation to the Diocese

Ratio Decidendi

The Court declined to exercise its discretion under s.6(2) of the Courts of Justice Act to hear the appeal of the motion judge's refusal to certify the action against the College, Farnsworth and the Estate of Haig and directed that those aspects of the appeal be transferred to the Divisional Court; the Court limited its own consideration to the cause of action issue in relation to the Diocese and reserved reasons to be delivered later.

Court Disposition

Court declined to exercise discretionary jurisdiction to hear the certification appeal against College, Farnsworth and the Estate of Haig and transferred those matters to the Divisional Court; limited issues for this Court to the cause of action issue regarding the Diocese; reasons to follow.

Orders

  • Appeal of the motion judge's refusal to certify the action against Grenville Christian College, Charles Farnsworth, Betty Farnsworth and the Estate of J. Alastair Haig is transferred to the Divisional Court.
  • The Court will limit any further consideration in this appeal to the cause of action issue in relation to the Diocese; detailed reasons to be delivered at a later date.