Claims for injurious affection properly fell within jurisdiction of Ontario Municipal Board

Ontario civil | Administrative Law

BOARDS AND TRIBUNALS

Claims for injurious affection properly fell within jurisdiction of Ontario Municipal Board

Motion judge found that appellant’s claim brought under Class Proceedings Act, 1992 (Ont.) (“CPA”), was in substance one for “injurious affection” and that such claims fell within exclusive jurisdiction of Ontario Municipal Board (“OMB”). Because of jurisdictional result, motion judge dismissed appellant’s action. Appeal was dismissed. In appellant’s action, combination of Expropriations Act (Ont.), and s. 36 of Ontario Municipal Board Act, clearly conferred jurisdiction over injurious affection claims on board. That appellant’s action proceeded under CPA, did not alter jurisdictional result. Insofar as claims against TTC were concerned, various claims advanced by appellant were being used to disguise what was claim for compensation that was within jurisdiction of board. With one exception, claims made against city were also claims for injurious affection that properly fell within jurisdiction of board. Allegation to intentionally harm others was not claim of injurious affection. Given history of matter, appellant was not provided with opportunity to amend its pleadings at this late juncture.

Curactive Organic Skin Care Ltd. v. Ontario
(Feb. 7, 2012, Ont. C.A., Doherty, LaForme and Hoy JJ.A., File No. C53873) Decision at 200 A.C.W.S. (3d) 915 was affirmed. 212 A.C.W.S. (3d) 1 (6 pp.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights