The Court of Appeal for Ontario dismissed, on September 17, 2002, the appeals of Grace Louie and her two sons, against the trial court’s dismissal of the plaintiff’s various tort claims against Toronto Mayor Mel Lastman. Justice Marc Rosenberg held that the claim by Louie was barred by her signing of a release in 1974, and that her sons’ claims were nothing more than a claim for retroactive child support and could not succeed.
Sheila Block, Frank Cesario and Ed Babin of Torys LLP acted for the defendant. Paul McInnis of McInnis & Nicoll in Toronto acted for the plaintiff, Grace Louie, and Thomas Bastedo, Q.C., of Bastedo Stewart Smith in Toronto acted for her sons. The intervener, Canadian Foundation for Children, Youth and the Law, was represented by in-house counsel Martha Mackinnon and Lee Chapman.
In a judgment dated March 27, 2003, the Supreme Court of Canada dismissed the application for leave to appeal filed by the Louies, with costs. Kim and Todd Louie had applied to the S.C.C. for leave to appeal from the decision of the Court of Appeal.