J.K. v. Ontario

Posted December 18, 2017

2017 ONCA 902, 2017 CarswellOnt 18359; Lerners acted for the third party respondents, a group of non-government, non-profit organizations who operated youth detention centres under contract with the Crown (the “Third Parties”). This was a proposed class proceeding against the Crown alleging negligence, breach of fiduciary duty, and Charter violations in the use of solitary confinement in youth detention centres. The respondents had successfully moved to strike the Crown’s third party claim for indemnification in accordance with the service contracts. The issue on appeal was whether it was plain and obvious that the Crown’s indemnification claim had no reasonable chance of success. Although the appeal was technically allowed, the Court of Appeal provided guidance on how the plaintiff could amend the Statement of Claim such that it would be plain and obvious that the Crown’s indemnification claim would have no reasonable chance of success, leading to the same result as the respondents’ successful motion to strike.