The applicant, Myriam Michail, sought leave from the Superior Court of Justice to bring an application for judicial review of an arbitration award and an Ontario Labour Relations Board decision, along with a constitutional challenge.
Ordinarily, such applications are heard by the Divisional Court.
The applicant argued urgency due to protracted proceedings, health issues, inability to travel, and lack of income.
The court, while acknowledging the applicant's subjective distress, found that the objective criteria for urgency and a likely failure of justice under s. 6(2) of the Judicial Review Procedure Act were not met.
The court emphasized the complexity of the issues, the need for a three-justice panel (Divisional Court's expertise), and the availability of alternative arrangements like video conferencing.
The motion for leave was dismissed, and the judicial review application was transferred to the Divisional Court.
