Case information

Administrative law — Judicial review — Jurisdiction — Parties — Standing — Applicant seeking to compel provincial Chief Medical Officer of Health to order boards of health and medical officials to stop providing COVID-19 vaccines to children in Ontario — Motion judge quashing application for judicial review — Divisional Court panel dismissing applicant’s motion to vary or set aside motion judge’s order — Court of Appeal dismissing request for extension of time in which to seek leave to appeal Divisional Court panel decision —Whether there are important and urgent public issues at play such that the Supreme Court must proceed to appeal hearing — Whether pediatric COVID vaccine program at issue continues to cause widespread harm, including irreparable harm to Ontario children and families — Whether respondent has acted in bad faith by knowingly misrepresenting risk to children of hospitalization from COVID, and thereby voiding parental informed consent province-wide — Whether application for judicial review could properly be dismissed early — Whether, on motion to strike, allegations must be taken as true unless they are “manifestly incapable of being proven” — Whether public interest standing was erroneously denied by motion judge on sole basis of lack of justiciability — Whether test for mandamus allows discretion to be overruled when bad faith has been alleged — Whether Ontario government is liable for non-good faith policies — Whether justice of case weighs in favour of giving applicant their day in court to challenge summary dismissal of application — Whether Court of Appeal upheld dismissal of request for extension of time without addressing applicant’s arguments at all, either in person or in writing, thereby constituting a lack of reasons — Whether multiple errors of lower courts are miscarriages of justice in need of correction — Whether pediatric COVID vaccine issue remains live and urgent.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant attempted to initiate judicial review proceedings to obtain an order in the nature of mandamus to compel the respondent, the Chief Medical Officer of Health of Ontario, to require all provincial boards of health and medical officials to stop administering COVID-19 vaccines to children under 12 years old in the province.

A single judge of the Divisional Court quashed the application for judicial review, for lack of jurisdiction and lack of standing. A three-member panel of the Divisional Court confirmed the single judge’s order, and dismissed the applicant’s motion to vary the order or have it set aside. Another single judge of the Divisional Court then dismissed the applicant’s subsequent motion to vary or set aside the panel’s decision.

A single judge at the Court of Appeal dismissed the applicant’s motion for an extension of time to seek leave to appeal from the Divisional Court panel’s decision. A three-member panel of the Court of Appeal then dismissed a motion to set aside the first appellate judge’s order.