Today marked an important date in the class-action lawsuit launched against the Government by brave SOLO landlord Elsie Kalu. Lawyers for the government of Ontario filed a motion to strike the matter on the grounds that it could not possibly succeed. This motion was heard in a full-day court session today at the Cayuga, Ontario courthouse before Justice Michael Valente. Representing the plaintiff with Marshall Law Group were T. David Marshall and Matt Marshall.
Representatives for the Government explained their reasons as to why the class action should fail, namely:
- Fails to plead a reasonable cause of action
- Does not prove that the province has expropriated or give a beneficial interest or advantage to the state
- Does not remove the landlord’s “reasonable use” of the property
- Does not specify a specific remedy
Each side had a chance to lay out their arguments for and against and answer any questions the judge might have had. The court took two short breaks and a lunch break during the full-day proceedings. SOLO showed its full support by packing the courthouse with more than 60 attendees. Many of these supporters arrived in a large bus.
During the proceedings, it was apparent that the Government hadn’t given this case a high priority. Even T. David Marshall remarked that “they didn’t even file a defense.” To those of us in the audience, it was clear the Government thought this was going to be an easy win.
What followed was several hours of legal-ese and arguments on whether Marshall had filed the case correctly and at times even getting into the definition of “damages” versus “compensation.” Along the way, each side cited several leading cases and flipped through mountains of paperwork.
Near the end, T. David Marshall made the entire courtroom laugh when he faltered on an argument that slipped his mind and said, “I forgot what I wanted to say, but it was a good one.” Even the judged laughed. Marshall shortly recovered and remembered his point.
Justice Valente even remarked how both sides made smart and clear arguments and did a great job of presenting their cases. Ultimately, he reserved his decision and promised to release it as soon as possible. And while the judge could not technically be swayed by the incredible SOLO landlords who attended in support, we have no doubt that he noticed the packed courthouse. We will update everyone when this decision is made.
If you would like to look into this more, there are several relevant documents related to this case. You can read the Statement of Claim, The Government’s Factum citing the Crown Liability Proceeding Act (CLPA) as defense, and Marshall’s Rebuttal.
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