Court of Appeal Summaries (May 26-30)

Hillier v. Ontario is an addendum to the Court’s previous decision that found that the appellant’s right to peaceful assembly under s.2(c) of the Charter was restricted by pandemic-related regulations that imposed limits on public gatherings. The Court held that the appropriate remedy for the constitutional violation was a reading down of the regulations so that the prohibition does not apply to gatherings for the purpose of peaceful assembly and protest of up to 10 people. In Paddy-Cannon v. Canada (Attorney General), the Court of Appeal for Ontario upheld a trial decision finding Canada liable in negligence and breach of fiduciary duty for its failure to follow through on a 1966 plan to return three Cree sisters to their maternal community. The Court dismissed appeals by both the caregiver and Canada, affirming that Canada owed an ad hoc fiduciary duty and a positive duty of care based on its discretionary role in the children’s care planning, and that the plaintiffs’ psychological and cultural harms were compensable in equity and tort. In Qu v. Zhang, a family law case, the Court upheld the trial judge’s decision that the wife was the 100% beneficial owner of a jointly owned home, finding that the funds she contributed were not intended as a gift. The Court also upheld the award of occupation rent against the wife.