School Board Lawsuit Against Social Media Giants Permitted to Continue ~ Ontario Superior Court Dismissed Motion to Strike “Novel” Claims

March 24, 2025 | W. Alejandro (Alex) Munoz

In March 2024, the Toronto District School Board (“TDSB”) launched a lawsuit in both negligence and public nuisance seeking damages from social media giants Meta Platforms Inc., Instagram Inc., Facebook Holdings LLC., Snap Inc., and TikTok Ltd. (among others, collectively, the “Corporations”). 

The causes of action allege the Corporations interfered with TDSB’s statutory mandate to promote student achievement and well-being by causing harm to students. Specifically, TDSB alleges the Corporations’ products were designed to be addictive to children, causing widespread harm such as anxiety, depression, body dysmorphia, low-self-esteem, and bullying. TDSB claims it has suffered economic damage responding to the harm caused to its students.

The Corporations brought a motion to strike out TDSB’s claims on the basis it was plain and obvious they could not succeed.

On March 7, 2025, the Ontario Superior Court of Justice dismissed the Corporations’ motion on the basis that, while TDSB’s claims were novel, it was not plain and obvious they could not succeed. The TDSB will now be given the opportunity to make out their claim with factual and expert evidence.

We will keep a close eye on this important action as it makes its way through the courts, and keep our readers and clients apprised.

To read the full Sherrard Kuzz LLP Briefing Note please click here.