5 total
Judicial review of Commission's refusal to refer discrimination complaint dismissed; targeted social programs not discriminatory.
The applicant, who has Duchenne's Muscular Dystrophy, sought judicial review of the Ontario Human Rights Commission's decision not to refer his discrimination complaint to the Human Rights Tribunal.
He alleged discrimination on the basis of age and disability because the government provided residential group homes in his community for adults with cognitive disabilities, but not for medically challenged adults without cognitive disabilities.
The Divisional Court dismissed the application, finding no breach of procedural fairness in the Commission's investigation or disclosure.
The Court held that the Commission's decision was reasonable, as the comparator group had different needs and the government is permitted to target social programs to specific disadvantaged groups.
Judicial review dismissed because applicants failed to exhaust internal appeal and review mechanisms.
The applicants sought judicial review of a decision by the Ontario Rental Housing Tribunal finding that the Tenant Protection Act applied to a trailer park site rented by the respondent.
The Divisional Court dismissed the application, holding that the applicants failed to exhaust their internal remedies, including a statutory right of appeal on a question of law and a right to request a review by the Tribunal.
The Court also found no error of law on the face of the record, as the Tribunal had jurisdiction to determine whether the Act applied.
Application dismissed; Human Rights Commission lacks jurisdiction to determine non-custodial parent's access to medical records.
The applicant, a non-custodial parent, sought access to his son's medical records through the Ontario Human Rights Commission, alleging discrimination on the basis of family or marital status.
The Divisional Court dismissed the application for judicial review, holding that the Commission lacks jurisdiction to usurp the Family Court's role in determining parental access rights.
The court found no discrimination and upheld the tribunal's procedural fairness, awarding $1,000 in costs to the Commission.
Termination of First Nations Constable quashed for Commissioner's failure to provide reasonable information and procedural fairness.
The applicant, a First Nations Constable, sought judicial review of the termination of his appointment by the Commissioner of the Ontario Provincial Police.
The Commissioner had terminated the appointment on the basis that the applicant's employment as a Band Constable had been terminated by the Band Council, without providing details of the alleged misconduct or consulting further.
The Divisional Court found that the Commissioner failed to comply with the statutory duties under subsections 54(4) and (7) of the Police Services Act, which require consultation and the provision of reasonable information regarding the reasons for termination.
The court quashed the termination and remitted the matter to the Commissioner to be dealt with according to procedural fairness.
The applicant's request for a declaration of entitlement to wages was deferred to a separate civil action.
Appeal dismissed; CICB properly deducted WCB award from compensation despite separate deductions by disability insurer.
The appellant, a corrections officer who was severely injured by an inmate, appealed a decision of the Criminal Injuries Compensation Board.
The Board had awarded the maximum amount for pain and suffering but deducted a $12,000 Non-Economic Loss (NEL) award received from the Workers' Compensation Board, pursuant to s. 17(3) of the Compensation for Victims of Crime Act.
The appellant argued this resulted in a double deduction because his long-term disability insurance also deducted the NEL award.
The Divisional Court dismissed the appeal, finding the Board properly exercised its discretion and that any dispute regarding insurance deductions was a matter between the appellant and his insurer.
