What is the difference between a government decision to not fund or not to fund a particular program and the proper subject matter of scrutiny?

Ontario, Canada


The following excerpt is from Leroux v. Ontario, 2021 ONSC 2269 (CanLII):

The governmental decision to fund or not to fund a particular program and the governmental decision as to how resources within a program should be allocated are also not the proper subject matter of judicial scrutiny - see Cirillo v. Ontario, 2019 ONSC 3066, at paras. 24 and 25. Put differently, the determination of how a government decides to allocate resources does not establish a duty of care because the relationship lacks proximity.

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