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Right to Housing Challenge Case Update: What’s Happening Now

The Supreme Court of Canada has ruled that a Charter challenge holding governments responsible for the crisis in affordable housing and homelessness will never be heard in Canadian courts. See ACTO's media release here.

We are seeking leave to appeal the Court of Appeal decision striking the right to housing case at the Supreme Court of Canada. We filed all our materials with the Supreme Court on January 28, 2015. Seeking leave means we need to ask the Court for permission to appeal. We likely won’t have a decision for several months.  Click here for the SCC leave materials.

Right to Housing Court of Appeal decision was released December 1, 2014.  View ACTO’s Media Release and the Court of Appeal’s Decision!

The appeal was heard on May 26, 27 and 28 and a decision from the Ontario Court of Appeal is pending.

All 8 organizations/coalitions have been granted the right to make arguments at the Court of Appeal. We've been granted an extra day so the hearing of the appeal of Justice Lederer's decision and the intervenor arguments will be on May 26, 27, 28 at the Court of Appeal (not just May 26, 27 as it was formerly)

The following organizations and coalitions will be seeking leave to intervene (permission to make arguments) at the appeal of the Ontario Superior Court of Justice decision allowing the Attorneys General motion to strike . The date for the motions for leave to intervene is March 28, 2014:

  • Amnesty International Canada and the International Network for Economic, Social and Cultural Rights
  • ARCH Disability Law Centre, The Dream Team, Canadian HIV/AIDS Legal Network and HIV/AIDS Legal Clinic Ontario coalition
  • Charter Committee on Poverty Issues, Pivot Legal Society and Justice for Girls Coalition
  • Colour of Poverty/Colour of Change Network (COPC)
  • David Asper Centre for Constitutional Rights
  • Income Security Advocacy Centre (ISAC), the Steering Committee on Social Assistance and the ODSP Action Coalition
  • Ontario Human Rights Commission
  • Women’s Legal Education Action Fund (LEAF)

We appealed the Ontario Superior Court of Justice decision. The Court of Appeal dates are set for May 26 and May 27, 2014

In an extremely disappointing decision, the Ontario Superior Court of Justice has dismissed the Right to Housing challenge. If the decision is allowed to stand the case will never be allowed a full hearing. We intend to appeal the decision.

The motion to strike will be heard on May 27th & 28th at the Ontario Superior Court of Justice, 361 University Ave., Toronto, Ontario, in Courtroom #4-2, 4th Floor, at 10 a.m.  See Resources for motion to strike materials. 

Mr. Justice Lederer has allowed Amnesty International, Justice for Girls, the Charter Committee on Poverty Issues, Pivot Legal Society, Income Security Advocacy Centre, and the Asper Centre for Constitutional Rights to intervene in the motion to strike the R2H case. Unfortunately he refused to allow several other groups the right to intervene including, ACORN, ARCH Disability Law Centre, the Dream Team, Sistering and the Federation of Metro Tenants. The motion will be heard on May 27th and 28th at the Ontario Superior Court of Justice.

Motions for leave to intervene on the motion to strike were heard on March 7th and 8th. 

Several organizations are seeking leave to intervene on the Motion to Strike brought by the Attorneys General including:

The David Asper Centre for Constitutional Rights; counsel = Kent Roach

Amnesty International, ESCR-Net; counsel = Molly Reynolds

Charter Committee on Poverty Issues, Justice for Girls, Pivot Legal Society, Income Security Advocacy Centre; counsel = Martha Jackman

ARCH Disability Law Centre, Canadian HIV/AIDS Legal Network, The Dream Team, HIV/AIDS Legal Clinic Ontario; counsel = TBD

Sistering, ACORN, Federation of Metro Tenants Association; counsel = Craig Foye, Hamilton Community Legal Services, Ben Ries, Kensington-Bellwoods Community Legal Services

    The Federal and Provincial Attorney Generals are asking the Courts to dismiss the Right to Housing case without a full hearing. They claim that we have "no reasonable cause of action" and that it is "plain and obvious" that the case will fail.  Of course, we disagree! Their arguments and our response will be heard on May 27 and 28, 2013.  Click here to see their Notice.