The applicants sought judicial review of two decisions by the Bereavement Authority of Ontario (BAO) directing them to return administrative fees collected from charitable donations.
The BAO conceded it lacked jurisdiction to order refunds and requested the matter be remitted to a newly appointed registrar.
The applicants argued the BAO's conduct, including media statements, raised a reasonable apprehension of bias and asked the court to decide the matter.
The Divisional Court quashed the decisions and remitted the matter in its entirety to the new registrar for reconsideration, finding that the new decision-maker and the BAO's concessions warranted a fresh hearing on a complete record.