Case information
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41214
His Majesty the King in Right of Ontario v. Kathryn Roberston by her estate representative Allison Gaanderse, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-09-27 | Close file on Leave | |
| 2024-09-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-09-26 | Judgment on leave sent to the parties | |
| 2024-09-26 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-0056, 2024 ONCA 86, dated February 6, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-08-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-05-23 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-05-23, (Printed version filed on 2024-05-23) | His Majesty the King in Right of Ontario |
| 2024-05-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-05-14) | Kathryn Roberston by her estate representative Allison Gaanderse |
| 2024-05-13 | Respondent's response on the application for leave to appeal, (Book Form), wrong colour covers - amended covers requested (Rec'd 06-21-2024), Completed on: 2024-05-13, (Printed version filed on 2024-05-14) | Kathryn Roberston by her estate representative Allison Gaanderse |
| 2024-04-11 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2024-04-11; | |
| 2024-04-05 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-04-08) | His Majesty the King in Right of Ontario |
| 2024-04-05 | Application for leave to appeal, (Book Form), Completed on: 2024-04-16, (Printed version filed on 2024-04-08) | His Majesty the King in Right of Ontario |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| His Majesty the King in Right of Ontario | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kathryn Roberston by her estate representative Allison Gaanderse | Respondent | Active |
| Maurice Orchard by his estate representative Christina Kinder | Respondent | Active |
| Bernard Renaud by his estate representative Lori Renaud | Respondent | Active |
| Jean Patricia Pollock by her estate representative Pamela Christine Smith | Respondent | Active |
| Kinder, Christina | Respondent | Active |
| Renaud, Lori | Respondent | Active |
| Smith, Christine | Respondent | Active |
| Gaanderse, Allison | Respondent | Active |
Counsel
Party: His Majesty the King in Right of Ontario
Counsel
Jennifer Boyczuk
Karlson Leung
720 Bay Street
8th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 898-9169
Email: christopher.wayland@ontario.ca
Agent
50 O'Connor Street Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5560
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
Party: Kathryn Roberston by her estate representative Allison Gaanderse
Counsel
Annelis K. Thorsen
Golnaz Nayerahmadi
Juela Xhafferaj
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-1867
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Maurice Orchard by his estate representative Christina Kinder
Counsel
Annelis K. Thorsen
Golnaz Nayerahmadi
Juela Xhafferaj
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-1867
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Bernard Renaud by his estate representative Lori Renaud
Counsel
Annelis K. Thorsen
Golnaz Nayerahmadi
Juela Xhafferaj
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-1867
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Jean Patricia Pollock by her estate representative Pamela Christine Smith
Counsel
Annelis K. Thorsen
Golnaz Nayerahmadi
Juela Xhafferaj
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-1867
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Party: Kinder, Christina
Counsel
Annelis K. Thorsen
Golnaz Nayerahmadi
Juela Xhafferaj
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-1867
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Renaud, Lori
Counsel
Annelis K. Thorsen
Golnaz Nayerahmadi
Juela Xhafferaj
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-1867
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Smith, Christine
Counsel
Annelis K. Thorsen
Golnaz Nayerahmadi
Juela Xhafferaj
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-1867
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Gaanderse, Allison
Counsel
Annelis K. Thorsen
Golnaz Nayerahmadi
Juela Xhafferaj
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-1867
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Torts — Negligence — Duty of care — Crown liability — Crown immunity — Good faith —Civil procedure — Class actions — Certification — Pleadings — Cause of action — Is it tenable as a matter of Crown liability to suggest that the preamble in the Long-Term Care Homes Act, 2007, S.O. 2007, c. 8, imposes a private law duty of care on the Ministers personally? — What is the correct definition of good faith in the Crown immunity context?
Summary
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 respondents sought to certify a class action against the applicant Ontario government arising from its response to the risks posed by COVID-19 to long-term care home residents in Ontario. The motion judge at the Ontario Superior Court of Justice certified the class action arising only from the alleged negligence of the Minister of Long-Term Care in responding to the risk posed by COVID-19 to residents of Ontario’s LTC homes. The motion judge struck all the respondents’ other proposed claims on the basis that they were certain to fail. The Court of Appeal for Ontario dismissed both the respondents’ appeal and applicant’s cross-appeal from the decision of the motion judge.
Lower court rulings
Proposed class action certified but only as against the Ontario Minister of Long-Term Care and only on the negligence claim
Appeal dismissed; cross appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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