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ARTICLE · 14 NOVEMBER 2024

Appellate Court Grants Appeal In Climate Litigation Case

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The Ontario Court of Appeal has released an important decision in Mathur v. Ontario, 2024 ONCA 762, the first Canadian case to substantively consider...

CanadaLitigation, Mediation & Arbitration
Anastasia Reklitis
Anastasia Reklitis
Kimberly Potter
Kimberly Potter
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The Ontario Court of Appeal has released an important decision in Mathur v. Ontario, 2024 ONCA 762, the first Canadian case to substantively consider the intersection of climate change and Charter rights.

In 2018, Ontario enacted the Cap and Trade Cancellation Act, 2018, S.O. 2018, c. 13, which required the government to set a greenhouse gas emission reduction target. The target implemented by the government called for a 30% reduction of greenhouse gas emissions from 2005 levels by 2030. Seven Ontario youth then applied for a declaration of unconstitutionality, arguing that the government's target violated their rights under the Charter, and asking that the target be replaced with one that is constitutionally compliant. The Ontario Superior Court of Justice dismissed the application, finding that the applicants sought to impose positive obligations on the government in respect of climate change.

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