Stone v. Board of Education of Wellington County

• Jurisdiction: Ontario
• Court: Court of Appeal (Ontario)
• Judge: McMurtry, C.J.O. Weiler and Goudge, JJ.A.
• Citation: (1999), 120 O.A.C. 296 (CA)
• Date: 10 March 1999

Stone v. Wellington School Bd. (1999), 120 O.A.C. 296 (CA)

MLB headnote and full text

Temp. Cite: [1999] O.A.C. TBEd. AP.053

Elizabeth Marion Stone, as representative of a class of Persons (plaintiffs/appellants) v. The Wellington County Board of Education and Her Majesty the Queen in Right of Ontario (defendants/respondents)

(C30289)

Indexed As: Stone v. Board of Education of Wellington County

Ontario Court of Appeal

McMurtry, C.J.O. Weiler

and Goudge, JJ.A.

April 16, 1999.

Summary:

Stone commenced an action pursuant to the Class Proceedings Act, 1992. She alleged that she and the other members of the proposed class suffered serious personal injuries from exposure to toxic emissions from hazardous waste allegedly lying below the City of Guelph. Each defendant moved to dismiss the action as against it because of, inter alia, the limitation period contained in the Public Authorities Protection Act. When the motions to dismiss were heard, Stone had not yet brought a motion for certification of the class. She sought to adjourn the defendants' motion pending the certification application.

The Ontario Court (General Division) declined to adjourn the motions or to limit the argument. Rather, the court found Stone's claim as an individual to be statute barred as against both defendants and dismissed the action against them without prejudice to the other parties to the action. Stone appealed.

The Ontario Court of Appeal dismissed the appeal.

Practice - Topic 209

Persons who can sue and be sued - Individuals and corporations - Status or standing - Class or representative actions - General principles - Stone commenced an action pursuant to the Class Proceedings Act, 1992 - After defences were filed, each defendant moved to dismiss the action as against it because of, inter alia, the limitation period contained in the Public Authorities Protection Act - When the motions to dismiss were heard, Stone had not yet brought a motion for certification of the class - The trial judge found Stone's claim as an individual to be statute barred as against both defendants and dismissed the action against them - Stone appealed, arguing inter alia, that prior to a motion for certification, an action brought under the Act could not be dismissed solely on grounds personal to the representative plaintiff - The Ontario Court of Appeal rejected this argument and dismissed the appeal.

Counsel:

Ian Mondrow, for the appellants;

Michael Walter, for the respondent, Wellington County Board of Education;

Thomas Bell, for the respondent Her Majesty the Queen in Right of Ontario;

Marni S. Dicker, for the respondent, the Corporation of the City of Guelph.

This appeal was heard on March 10, 1999, before McMurtry, C.J.O., Weiler and Goudge, JJ.A., of the Ontario Court of Appeal. The following endorsement was released by the Court of Appeal on April 16, 1999.