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ARTICLE · 21 JULY 2021

Section 5(1)(a) Still Has Teeth: The Divisional Court Holds Crown Immunity Precludes Certification

McCarthy Tétrault
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In Leroux v. Ontario, 2021 ONSC 2269 ("Leroux"), a majority of the Ontario Divisional Court overturned two decisions certifying claims in negligence against the Crown on the grounds that the ...

CanadaLitigation, Mediation & Arbitration
Canadian Class Actions Monitor
Canadian Class Actions Monitor
Madeleine Brown
Madeleine Brown
Alison Bond
Alison Bond
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In Leroux v. Ontario, 2021 ONSC 2269 ("Leroux"),1 a majority of the Ontario Divisional Court overturned two decisions2 certifying claims in negligence against the Crown on the grounds that the negligence claims did not satisfy section 5(1)(a) of the Class Proceedings Act, 1992 ("CPA");3 which requires the plaintiff's claim disclose a cause of action. Although the threshold is low, Leroux is a reminder that the "cause of action" criterion in s. 5(1)(a) still has teeth. 

Background

Leroux concerned a proposed class action against the Ontario government. The class action alleged "serious operational flaws" in the how the government managed the delivery of essential services and supports to eligible adults with developmental disabilities under the Services and Supports to Promote the Social Inclusion of Persons with the Developmental Disabilities Act (the "MCSSA").4

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