Cameron Peters

The accused brought an application seeking production of correctional institution records relating to inmate-on-inmate assaults, institutional responses, disciplinary actions, and injuries at a provincial correctional centre.

The request was advanced as either first-party disclosure under Stinchcombe or third-party production under the O’Connor framework to support a proposed defence of duress to a charge of assault causing bodily harm against another inmate.

The court held the records were third-party records and assessed the request under the O’Connor test.

The applicant failed to establish the threshold of likely relevance because the supporting affidavit merely asserted that a defence of duress would be raised and provided no evidentiary nexus between the requested records and the alleged offence.

The application was dismissed as a speculative fishing expedition.

The applicant employer sought judicial review of an arbitrator's award which held that the employer was obligated under the collective agreement to pay the newly introduced Ontario Health Premium on behalf of its employees.

The Divisional Court applied the patently unreasonable standard of review, following recent Ontario Court of Appeal jurisprudence, and found the arbitrator's interpretation of the collective agreement to be logical and reasonable.

The application for judicial review was dismissed.