Appeal to Supreme Court

The appeal in our case was heard in the Ontario Court of Appeal in November 2024; Justice Gary Huscroft handed down the court's ruling on Aug 11, 2025.

Unfortunately, the court dismissed our appeal, so we have filed an Application for Leave to Appeal to the Supreme Court of Canada (on October 10, 2025). The government now has 30 days to respond, and we'll have another 10 days to file a shorter reply. After that, the Court will take a few months to review our materials and decide whether or not they will hear our appeal. The criteria for granting leave are (1) whether the case raises an issue of public importance and/or (2) involves significant legal questions that warrant the Court's attention. We believe our Challenge qualifies on both grounds, so we're hopeful.

DETAILS RE: APPLICATION FOR LEAVE:

[Our Application for Leave to Appeal]

 

  • Springtide Chair
    published this page in The Plan 2025-10-11 02:18:24 -0300


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Key Events in the Case:

  • We're currently waiting for the government's response
  • We submitted our application to the Supreme Court for leave to appeal in October 2025
  • Justice Huscroft dismissed our appeal in August 2025
  • We submitted a response in March 2025 re: the relevance of the SCC Working Families case
  • We presented our appeal in the Court of Appeal for Ontario in November 2024
  • We submitted our appeal factum in April 2024
  • We filed our Notice of Appeal in December 2023
  • Justice Ed Morgan issued his ruling in November 2023 and unfortunately dismissed our application
  • The case was heard in September 2023 in the Ontario Superior Court
  • We received the government's affidavits in fall 2022
  • We served the government with our affidavit and evidence package in May 2021
  • We filed the case with the Ontario Superior Court in October 2019

How you can help

The main way you can help is to support the case financially. We are now asking for pledges totalling $60,000 to support us appealing to the Supreme Court of Canada, if they grant us leave to appeal in mid-2025.

What to expect

At each step, we set new pledge or donation goals based on our estimate of the costs for the next stage of the process, and invite our supporters to contribute towards that goal to ensure the case can continue to move forward. We don't ask for or collect funds until we're sure we're going to take the associated step.