Class Actions: Developmental Disabilities

R. in Right of the Province of Ontario v. Marc Leroux as Litigation Guardian of Briana Leroux, 2023 ONCA 314 (40825)
The Respondent, through her litigation guardian, commenced a proposed class action against the applicant, Government of Ontario and moved for certification under s. 5(1) of the Class Proceedings Act. The proposed class is composed of adults with developmental disabilities who, like the Respondent, have been assessed and approved to receive three specific types of supports and services under the, Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, but did not receive them or experienced substantial delays. The claim asserts two causes of action. The first is in negligence and the second cause of action alleged is a breach of s. 7 of the Charter. The motion judge granted certification. A majority of the Divisional Court reversed that order and set aside the certification order. The Ont. C.A. allowed the appeal, set aside the order of the Divisional Court and restored the motion judge’s order. “The application for leave to appeal…is dismissed with costs.”