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The Ontario Court of Appeal dismissed Canada’s appeal and upheld certification of a class action over immigration detainees held in provincial prisons.
The Court allowed the appeal, holding the certification judge erred in concluding it was plain and obvious the pleadings disclosed no cause of action in negligence against the Town and in failing to undertake the required comparative preferable-procedure analysis; accepting the pleaded facts, there is a prima facie duty of care and no residual policy ground to negate it, and there is some basis in fact that a class action is the preferable procedure, therefore the action is certified and Dewey appointed representative plaintiff.
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Appeal dismissed in a nuisance and negligence claim over spotted knapweed spread from Crown land. The court upheld findings that the Province acted reasonably and that policy immunity defeated negligence.
The Court of Appeal allowed Chung’s negligence claim to proceed over the handling of a special drug funding request, but upheld dismissal of the Charter claims.
Yukon Court of Appeal held it was not plain and obvious the Groves’ negligence and nuisance claims over wild elk damage must fail, and allowed the appeal.
Appeal dismissed from an order striking negligence pleadings arising from cancellation of an environmental permit; no private duty of care was recognized.
The court held Summerland liable for a sidewalk slip-and-fall after finding it breached its own daily inspection policy, and that breach caused the plaintiff’s injuries.
The court held Parkdale was not an occupier of the municipal sidewalk and dismissed the claims against it. Summerland’s bylaw-based defence could not be decided without evidence of snow or ice causation.
The placement decision by the admitting officer (Aspiotis) breached the duty of care because he failed to consider inmate incompatibility and foreseeable risk posed by a rival gang member; Ontario is vicariously liable for the officer's negligence; the trial judge's findings on duty, breach and causation were supported by the evidence and entitle respondents to costs; the appeal is dismissed.
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Appeal dismissed: trial judge correctly held there was no actionable public nuisance because Province's conduct did not unreasonably interfere with public access to highways after balancing gravity of harm against social utility, feasibility and cost of mitigation and measures adopted (brush clearing, signage, public awareness and limited pilots) were reasonable; no private law duty of care found because statutory duties created general public obligations and proximity was insufficient, and even if a prima facie duty existed it would be negated by non-justiciable core policy considerations (b…
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