Winnipeg failed to have a Charter claim over rejected transit-bus advertisements dismissed without a trial, after a Manitoba judge found unresolved questions about the city’s role in the decision and shortcomings in its evidence.
In Thain v. Pattison Outdoor Advertising LP et al., a June 17, 2026 decision, Justice Grammond dismissed the city’s summary-judgment motion in Richard Thain’s case. The ruling left two issues for trial: whether Pattison Outdoor Advertising acted as the city’s agent or delegated decision-maker, and whether the refusal to run the advertisements attracted Charter scrutiny. It did not find that a Charter right had been breached or award damages.
Thain had contracted with Pattison in 2014 to run advertisements about public funding of religious schools in Ontario. They were intended to coincide with the opening of the Canadian Museum for Human Rights in Winnipeg. Pattison told him the advertisements would not run because they violated the Canadian Code of Advertising Standards; he subsequently placed them on bus shelters through another provider.
He alleged violations of freedom of conscience and expression. By 2023, he was pursuing only Charter remedies against the city. His claim against Pattison had been resolved by agreement, although the reasons noted that it had not yet been formally discontinued on the court record.
Contractual independence and municipal control
The city argued that Pattison was an independent contractor, not its agent, and had made the advertising decision itself. Winnipeg also maintained that its advertising contract did not implement a government program or statutory scheme and that it could prevent advertisements from running but could not require Pattison to accept them.
The contract contained provisions pointing in different directions. It described Pattison as independent and not a city agent, but also preserved the city’s final authority over advertising acceptance, including power to refuse or remove material. Pattison dealt with advertisers initially, while some disputes could be referred to the city.
The evidence also showed that Pattison consulted Winnipeg about these advertisements and received written advice that they might not comply with the advertising code. The judge found that the extent of the city’s involvement remained contested. For purposes of the motion, Grammond rejected its position that it lacked the ability to direct Pattison concerning the advertisements.
Grammond noted the established principle that governments cannot avoid Charter obligations by contracting them out. The judge did not, however, finally decide that Pattison was acting as a government delegate in this case. Even a city decision not to intervene under the contract would not necessarily escape Charter scrutiny; that question also required a trial.
The city’s evidentiary burden
Winnipeg’s record included transcripts of discovery examinations conducted by Thain’s counsel. The judge held that the city could not rely on its own representative’s examination in place of an affidavit. It also could not use the Pattison examination against Thain: although Pattison’s and the city’s interests were adverse because of a crossclaim, the city had not conducted that examination and no agreement permitting interchangeable use was shown.
Thain, by contrast, could rely on his examination of the city’s representative. The different treatment reflected who conducted the examination and the parties’ opposing interests, rather than a wholesale exclusion of everything said in discovery.
The city also relied on statements in Thain’s written brief suggesting that Pattison had acted alone. His counsel disputed that position during oral submissions. Grammond acknowledged the change but noted that Winnipeg could have sought an adjournment and added evidence; it did not do so.
The city had not established that the case could fairly be resolved without a trial on the outstanding agency and Charter-application issues. Costs were left for agreement or further submissions.
Source: Thain v. Pattison Outdoor Advertising LP et al., 2026 MBKB 82.
