Appeal to Supreme Court

The appeal in our case was heard in the Ontario Court of Appeal in November 2024 and Justice Gary Huscroft handed down the court's ruling on Aug 11, 2025. Unfortunately, the court dismissed our appeal, so we filed an Application for Leave to Appeal to the Supreme Court of Canada on October 10, 2025.

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 handily qualifies on both grounds, so we're hopeful that they will grant us leave.

The Attorney General responded a month later (see document link below), essentially arguing that we have no grounds to appeal because the lower courts fully considered the case. We respectfully disagree, and filed a reply countering the government's claims (see link below).

At this point, the Supreme Court will consider all these filings and make a decision, which we expect to receive in about 3-4 months' time (likely in March or April 2026). If granted, then we will prepare our written factum supporting our appeal and will look forward to appearing in person before the Supreme Court some months later (possibly end of 2026 or early in 2027).

DETAILS RE: APPLICATION FOR LEAVE:

[Our Application for Leave to Appeal]

[The Attorney General's Response]

[Our Reply]

  • 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 Supreme Court's decision on allowing an appeal
  • We filed our reply to the government in November 2025
  • 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 (possibly in mid-2026).

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.