David L. Corbett

A case management conference was held to set procedural directions for a virtual hearing of an application for judicial review of an arbitrator's decision.

The court scheduled the hearing before a three-judge panel of the Divisional Court and provided detailed instructions regarding the use of ZOOM, electronic document filing via a drop box, and the submission of factums and compendiums.

A case management endorsement setting out procedural directions for a motion for leave to appeal an interlocutory triage decision that refused to schedule a recusal motion during the COVID-19 crisis.

The court ordered the motion to proceed in writing and provided detailed instructions for the electronic filing of materials.

A case management conference was held regarding an application for judicial review and an urgent motion for a stay of a provincial regulation.

The impugned regulation's effective date was delayed, rendering the urgent stay motion unnecessary.

The parties agreed on a schedule for the application, but the court declined to set a hearing date due to the suspension of ordinary court operations during the COVID-19 pandemic.

The urgent stay motion was withdrawn without costs, and the parties were directed to seek further directions for scheduling once court operations resume or via videoconference.

The court issued a case management endorsement providing procedural directions ahead of a scheduled hearing.

The parties were directed to agree on time allocations for oral argument, file agreements or materials regarding costs, and submit counsel sheets.

The court also noted that an amended version of a prior endorsement would be released to correct unintended repetition and add a neutral citation.

The applicant employer sought judicial review of an arbitrator's interlocutory evidentiary ruling regarding settlement privilege in one of 11 test cases concerning employee benefits fraud.

The parties had agreed that the ruling in this test case would apply to the other ten.

The Divisional Court dismissed the application as premature, finding that the agreement to apply the ruling across test cases did not constitute exceptional circumstances justifying the fragmentation of the administrative process.

The court emphasized that labour arbitration cases should generally be decided finally before judicial review is sought.

A case management conference was held to provide procedural directions for an upcoming application for judicial review.

The court ordered that the hearing proceed via video conference using ZOOM technology.

Directions were provided regarding the use of a password-protected electronic dropbox for document filing, formatting of electronic materials, and the submission of factums, compendiums, and costs outlines.

During a case management teleconference, the respondent CIBC sought to schedule a motion to quash the appellant's Small Claims Court appeal.

The court noted that the appeal raised arguable issues and that scheduling a video conference hearing on the merits would be more proportionate and efficient than hearing a preliminary motion to quash.

CIBC agreed to withdraw its motion, and the court issued directions for the exchange of materials and the scheduling of the appeal hearing.

During a case management conference, the respondent requested an adjournment of the application for judicial review until an in-person hearing could be held, objecting to a video conference format.

The court dismissed the request, noting that party consent is not required for video hearings under the COVID-19 Practice Direction.

The court found the matter suitable for a video hearing as it relied on a written record with no oral testimony, and emphasized the need to maintain court operations during the pandemic.

This is a case management endorsement providing procedural directions for an appeal from an interlocutory order.

The endorsement sets out the schedule for the appeal hearing, which will be conducted as a video conference, and details requirements for electronic document submission, including formatting, hyperlinking authorities, and preparing compendiums.

It also reminds counsel to address costs in advance.

A case management endorsement setting out the procedural and technological directions for an upcoming virtual appeal hearing before the Divisional Court.

The court provided instructions on the use of Zoom, electronic document filing via a drop box, hyperlinking in factums, and time allocations for oral argument.

A case management conference was held to set procedural directions for a motion for leave to appeal a Local Planning Appeal Tribunal decision.

The court ordered the hearing to proceed via video conference and provided detailed instructions for the electronic filing of documents, factums, and compendiums.

A case management endorsement setting out procedural directions for an upcoming electronic hearing of a motion for leave to appeal and appeal in a child protection matter.

The court directed that the motion for leave and the appeal be heard together via video conference and provided guidelines for the electronic filing of materials.

A case management endorsement setting out procedural directions for an upcoming virtual appeal hearing before the Divisional Court.

The court provided instructions on the use of ZOOM technology, dress code, and the electronic filing of documents, including hyperlinked factums and compendiums.

A case management endorsement setting out procedural directions for an upcoming motion for leave to appeal and appeal from a temporary order under the Child, Youth and Family Services Act.

The court directed that the motion and appeal be heard together via video conference and established a timetable for the electronic filing of materials.

The applicant, an off-duty police officer, spoke at a conference in favour of cannabis legalization despite being ordered not to attend or speak.

He was convicted of insubordination and discreditable conduct.

The Ontario Civilian Police Commission revoked the discreditable conduct conviction but upheld the insubordination conviction, finding the order was lawful under s. 49 of the Police Services Act.

On judicial review, the Divisional Court found the Commission's decision unreasonable because it failed to consider s. 80(2) of the Act, which requires a connection between off-duty conduct and the occupational requirements or reputation of the police force.

Given the Commission's findings on the discreditable conduct charge, the court concluded the s. 80(2) test could not be met and revoked the insubordination conviction.

The applicant, an OPP Sergeant, sought judicial review of a decision by the Ontario Civilian Police Commission upholding findings of misconduct for writing a letter to a newspaper criticizing a helicopter relocation.

The applicant argued the Hearing Officer was biased and erred in denying a disclosure motion, which prevented him from establishing a whistleblower defence.

The Divisional Court dismissed the application, finding no reasonable apprehension of bias and agreeing with the Commission that the whistleblower defence failed because the applicant did not first raise his concerns internally with his chain of command.

A case management endorsement setting the procedure for a virtual appeal hearing during the COVID-19 pandemic.

The respondents sought to delay the appeal due to pandemic-related work restrictions and an anticipated motion to adduce fresh evidence.

The court rejected the delay, noting the appeal had been scheduled since January and the fresh evidence motion was simple enough to be prepared within the remaining five weeks.

Directions were given for electronic document filing and video conference protocols.

Nadire Atas, a self-represented litigant involved in various proceedings, brought an ex parte motion seeking to re-open four motions that were under reserve.

The court dismissed the ex parte motion, reiterating that such motions require notice to other parties and that Ms. Atas must follow established procedures for requesting a case management conference or seeking leave to bring motions, as previously directed.

The court noted its limited capacity during the COVID-19 suspension of ordinary operations.

A case management endorsement setting out procedural directions for an upcoming application to be heard by video conference.

The court provided instructions on the use of ZOOM, electronic document filing via a password-protected dropbox, formatting of factums with hyperlinks, and the preparation of electronic compendiums.

A case management endorsement setting out directions for a virtual hearing via Zoom before a three-judge panel of the Divisional Court.

The court provided a schedule for the service of materials and detailed instructions for the electronic filing of documents, factums, and compendiums using a password-protected drop box.