Chapnik J.

The applicant sought judicial review of an interim decision by the Human Rights Tribunal of Ontario, which found it had jurisdiction to hear a complaint regarding a withdrawn job offer following a positive pre-employment drug test for marijuana.

The Divisional Court held that the Tribunal erred in law by failing to dismiss the complaint, as recreational marijuana use without actual or perceived disability does not fall under the protected ground of disability in the Human Rights Code.

The Court granted an order of prohibition preventing the Tribunal from hearing the complaint.

The appellant chiropractor appealed a preliminary decision of the Health Services Appeal and Review Board (HSARB) that struck out certain grounds of appeal regarding an OHIP billing audit.

The Divisional Court dismissed the appeal as premature, holding that administrative proceedings should not be fragmented and the appellant could raise the issues after a final decision on the merits.

The applicant union sought judicial review of an arbitrator's award upholding discipline against a grievor who refused to clean a workplace washroom.

The grievor, who had Hepatitis C, suffered a nosebleed and disposed of bloody tissues in the washroom.

When directed to clean and sanitize the area, he refused, claiming discrimination based on his disability.

The arbitrator found the employer's request reasonable and held that a single instance did not constitute a course of vexatious conduct under the Human Rights Code.

The Divisional Court dismissed the application, finding no error in the arbitrator's conclusion that the incident was a matter of industrial discipline rather than discrimination or harassment.

The applicant sought an order of prohibition to prevent the Human Rights Tribunal of Ontario from hearing a complaint referred to it by the Ontario Human Rights Commission.

The Divisional Court allowed the application, finding that the Tribunal lacked jurisdiction to hear and determine the complaint, and that the Tribunal was incorrect or unreasonable in deciding it had jurisdiction.

The complaint was dismissed, with detailed reasons to follow.

The City of London appealed a decision granting the respondents' application to overturn the Chief Building Official's (CBO) refusal to issue unconditional building permits.

The CBO had issued permits conditional on the repair of a defective gabion wall on the property, which was subject to a site plan agreement.

The Divisional Court allowed the appeal, finding that the trial judge erred in concluding the CBO acted outside his statutory authority.

The Court held that site plan approval constitutes 'applicable law' under the Building Code Act, and the CBO lawfully imposed conditions bearing a logical nexus to the property's use and the ongoing maintenance obligations in the site plan agreement.

The appellant, a police officer, was found guilty of four allegations of misconduct relating to the misappropriation of approximately $4,000.

The Hearing Officer ordered his dismissal forthwith, a decision upheld by the Ontario Civilian Commission on Police Services.

On appeal to the Divisional Court, the appellant argued against the penalty.

Applying a standard of reasonableness, the court found that the Commission properly considered all relevant factors and that dismissal was within the range of available penalties for fraudulent activity by a police officer.

The appeal was dismissed.