C. Johnson

The court released an endorsement correcting an error in its previous reasons for judgment on an application for judicial review.

The court had mistakenly stated that neither party sought costs.

The court amended its reasons to award costs to the successful applicant, fixing them at $17,000.

The applicant sought judicial review of a decision by the Law Society of Ontario Compensation Fund Subcommittee denying her claim for compensation.

The applicant had suffered significant harm, including sexual harassment and defamation, by a lawyer she retained, and obtained an uncollectible civil judgment against him.

The Subcommittee denied the claim on the basis that it did not meet the definition of 'loss' in its Guidelines, stating it was 'without jurisdiction' to assist.

The Divisional Court granted the application, finding that the Subcommittee fettered its broad statutory discretion under section 51(5) of the Law Society Act by treating the non-binding Guidelines as determinative.

The decision was set aside and remitted for reconsideration.

The plaintiff, a resident of downtown Ottawa, brought a motion for an interlocutory injunction to restrain the defendants and other participants in the 'Freedom Convoy' protest from sounding vehicle horns.

The plaintiff alleged the constant noise constituted a private nuisance causing irreparable harm, including potential permanent hearing damage.

The court applied the RJR-MacDonald test, finding a serious issue to be tried, irreparable harm based on medical evidence, and that the balance of convenience favoured the residents' right to quiet over the protestors' right to express themselves via horn honking.

An interim injunction was granted for 10 days.

The applicant children's aid society brought a motion for summary judgment to place twin infants into extended society care.

The children, who are of First Nations heritage, were born prematurely with special medical needs due to the mother's substance abuse.

The mother did not participate in the proceedings.

The father opposed the motion, seeking to have the children placed in his care.

The court found that the father lacked suitable housing, failed to acknowledge the children's medical needs, and exhibited concerning behaviours indicative of unaddressed mental health issues.

The First Nations bands supported the society's plan, which included ongoing contact with a maternal aunt.

The court granted summary judgment, finding no genuine issue for trial and concluding that extended society care was in the children's best interests.

The appellants, former officers of Coventree Inc., appealed a decision of the Ontario Securities Commission finding that they authorized, permitted, or acquiesced in Coventree's failure to disclose material changes in its business, contrary to section 75 of the Securities Act.

The Commission had found that changes to credit rating criteria and a subsequent disruption in the asset-backed commercial paper market constituted material changes requiring immediate disclosure.

The Divisional Court applied a reasonableness standard of review, concluding that the Commission applied the correct legal tests, based its findings on sufficient evidence, and reasonably exercised its public interest jurisdiction in sanctioning the appellants.

The appeals were dismissed.