By: Martin Olszynski, Jennifer Koshan, Nigel Bankes, and Jonnette Watson Hamilton
Case commented on: Mathur v Ontario, 2024 ONCA 762 (CanLII)
PDF Version: A Landmark Decision in Canadian Charter-based Climate Litigation: Mathur v Ontario, 2024 ONCA 762
The Ontario Court of Appeal recently released its decision in Mathur v Ontario, 2024 ONCA 762 (CanLII). ABlawg readers will know that this is one of three Charter-based climate lawsuits currently making their way through Canadian courts. The other two are La Rose v Canada, 2023 FCA 241 (CanLII), which involves a challenge to the federal government’s climate policies, and Dykstra et al v Saskatchewan Power Corporation, which involves a challenge to the Saskatchewan government’s and SaskPower’s decisions to expand gas-fired electricity generation (see our previous post on La Rose here). In this post, we contrast the trial and appellate reasons in Mathur (and where relevant, in La Rose FCA) and offer our commentary on several key issues in this litigation.