Date Closed

June 29, 2021

Lead Office

Toronto

McCarthy Tétrault served as co-counsel in the defence of the first in a wave of COVID-19 class actions across Canada to seek certification. The plaintiffs challenged the legality of Newfoundland and Labrador’s pandemic travel restrictions and advanced claims for damages under the Charter and in tort. At issue was the standard of government wrongdoing required to support a pleading for damages. On June 29, 2021 Justice Boone refused certification on the basis that the required fault had not been pleaded, struck the plaintiffs’ claim, and dismissed the action: Koehler v. Newfoundland and Labrador, 2021 NLSC 95. The plaintiffs abandoned their application for leave to appeal to the Court of Appeal for Newfoundland and Labrador. The Province was represented by its Department of Justice and Public Safety and McCarthy Tétrault LLP.

McCarthy Tétrault assisted the Province of Newfoundland and Labrador with a team led by Michael Rosenberg that included Lead Strand.