Colin Baxter

The applicant sought judicial review of a ruling by the Commissioner of the Cornwall Public Inquiry denying a publication ban on the identity of one of its employees.

The Divisional Court determined the appropriate standard of review was reasonableness simpliciter.

The court found the Commissioner did not err in concluding the employee's identity was relevant to the inquiry's mandate, nor did he act unreasonably in applying the Dagenais/Mentuck test to deny the publication ban.

The application for judicial review was dismissed.

The appellant employer appealed a wrongful dismissal judgment awarding a twenty-seven month notice period.

The Court of Appeal held that, although the notice period was at the extreme upper limit of what was appropriate, it was still supportable on the facts and did not justify appellate intervention.

The court also upheld the trial judge's finding that the respondent employee made reasonable efforts to mitigate his damages.

The appeal was dismissed with costs.