Amyotrophic Lateral Sclerosis Society of Essex v. Windsor (City)

Amyotrophic Lateral Sclerosis Society of Essex v. Windsor (City)

The appeal was allowed in part: the Court found the original class definition arbitrary and ordered certification with a rational temporal boundary tied to the ultimate limitation period (claims for payments on or after October 24, 1993), required the creation of a subclass for presumptively time-barred claims (payments between Oct 24, 1993–Oct 23, 2002 and Jan 1, 2004–Oct 23, 2006), directed that limitation-related common issues be treated as subclass issues, concluded the existing representative plaintiffs are adequate at this stage, and held that, with active case management and possible subclassing, a class proceeding remains the preferable and manageable procedure.

Citation
2015 ONCA 572
Parties
Plaintiff (respondent): Amyotrophic Lateral Sclerosis Society of Essex County; Defendant (appellant): The Corporation of the City of Windsor; Plaintiff (respondent): Belle River District Minor Hockey Association Inc.; Plaintiff (respondent): Essex County Dancers Incorporated; Defendant (appellant): The Corporation of the Town of Tecumseh
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
12 August 2015
Procedural Posture
Civil Class Action Certification Appeal / Appeal to Ontario Court of Appeal From Divisional Court Concerning Certification of Class Actions
Outcome
Appeal allowed in part; certification varied and proceeding certified as a class proceeding on modified terms
Legal Topics
Certification, Preferability, Subclasses, Limitations Act 2002, Discoverability, Ultra Vires Taxation, Charitable Lottery Licensing and Administration Fees
Source Language
English
Class Actions Municipal Law Constitutional Law Limitation Periods Civil Procedure Administrative Law Certification Preferability +5 more

Case Brief

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Parties

Amyotrophic Lateral Sclerosis Society of Essex County

Plaintiff (respondent)

The Corporation of the City of Windsor

Defendant (appellant)

Belle River District Minor Hockey Association Inc.

Plaintiff (respondent)

Essex County Dancers Incorporated

Plaintiff (respondent)

The Corporation of the Town of Tecumseh

Defendant (appellant)

Procedural Posture

Civil Class Action Certification Appeal / Appeal to Ontario Court of Appeal From Divisional Court Concerning Certification of Class Actions

Legal Issues

  1. 1 Whether municipal charitable lottery licensing and administration fees are taxes ultra vires under s.53 of the Constitution Act, 1867
  2. 2 Appropriate temporal scope of the class and applicability of limitation periods
  3. 3 Whether subclasses are required to address presumptively time-barred claims

Ratio Decidendi

The appeal was allowed in part: the Court found the original class definition arbitrary and ordered certification with a rational temporal boundary tied to the ultimate limitation period (claims for payments on or after October 24, 1993), required the creation of a subclass for presumptively time-barred claims (payments between Oct 24, 1993–Oct 23, 2002 and Jan 1, 2004–Oct 23, 2006), directed that limitation-related common issues be treated as subclass issues, concluded the existing representative plaintiffs are adequate at this stage, and held that, with active case management and possible subclassing, a class proceeding remains the preferable and manageable procedure.

Court Disposition

Appeal allowed in part; certification varied and proceeding certified as a class proceeding on modified terms

Orders

  • Proceeding certified as a class proceeding pursuant to s.5(1) of the Class Proceedings Act on the terms set out in the judgment
  • Class temporally limited to persons who paid lottery licensing and/or lottery administration fees on or after October 24, 1993