Plaintiff
Defendant
Background
The case was a proposed class action initiated by Kiwayne Jones. It sought $200 million in damages, claiming negligence and breach of fiduciary duties by Ontario. The proposed class included individuals who were Crown wards in Ontario after January 1, 1966, and ceased to be Canadian citizens.
Legal Issues and Arguments:
The plaintiff alleged that Ontario failed to:
The defendant argued for dismissal due to inaction and delay, as the case had not progressed in six years. The plaintiff did not file required certification materials, nor did he pursue converting the class action into an individual claim despite multiple court communications.
Procedural History:
The plaintiff frequently expressed disinterest in continuing the case. His legal representatives resigned or were unresponsive. No other class members stepped forward to assume the plaintiff role. The court deemed dismissal appropriate under Section 29.1(1) of the Class Proceedings Act, 1992.
Disposition and Costs:
Justice E.M. Morgan dismissed the action due to delay, ruling it did not prejudice potential class members as the certification stage was never reached. No costs were awarded, as the defendant waived them.
Court
Superior Court of Justice - OntarioCase Number
CV-18-00593434-00CPPractice Area
Class actionsAmount
Winner
DefendantTrial Start Date
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