Case information

Constitutional law — Courts — Inherent jurisdiction of the superior courts — Proceedings against the Crown — Claim of misfeasance in public office — Leave requirement — Evidentiary requirements — Does s. 17 of the Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17 infringe on the original and inherent jurisdiction of the superior courts under s. 96 of the Constitution Act, 1867? — Constitution Act, 1867, s. 94(12) and 96 — Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17, s. 17

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The applicants, Poorkid Investment Inc., The Coach Pyramids Inc. and Brian Haggith, are the named representative plaintiffs in a class action brought against the respondents, Solicitor General of Ontario Sylvia Jones, Ontario Provincial Police Commissioner Thomas Carrique, Ontario Provincial Police Chief Superintendent John Cain, Ontario Provincial Police Inspector Philip Carter and His Majesty the King in the Right of Ontario (collectively referred to as the Crown). The applicants seek damages from the Crown on behalf of property owners and businesses in Caledonia, Haldimand County and the vicinity as well as on behalf of the persons who entered into agreements of purchase and sale for homes to be built in a proposed new development known as McKenzie Meadows. The claim, based on four grounds of liability (misfeasance in public office, nonfeasance, negligence, and nuisance), alleges that the OPP failed to carry out their duties under the Comprehensive Ontario Police Services Act, 2019, S.O. 2019, c. 1, wrongly acted in accordance with the OPP’s “Framework for Police Preparedness for Aboriginal Critical Incidents” and, generally, failed to prevent crime and failed to enforce injunctions against a protest by Indigenous activists in Caledonia, Ontario.

The applicants brought an application for a declaration that s. 17 of the Crown Liability and Proceedings Act, 2019, S.O. 2019, c. 7, Sched. 17 (CLPA), under which any claims or proceedings against the Crown or an officer or employee of the Crown, including claims of misfeasance in public office or bad faith in the exercise of public duties or functions, are deemed to be stayed until leave is granted, violates s. 96 of the Constitution Act, 1867 and is of no force and effect pursuant to s. 52 of the Constitution Act, 1982. The Superior Court of Justice for Ontario declared s. 17 of the CLPA inconsistent with s. 96 of the Constitution Act, 1867, and of no force or effect. The Court of Appeal for Ontario allowed the appeal.