The applicant sought judicial review of a decision by the Ontario Media Development Corporation (OMDC) finding its interactive digital media product ineligible for a certificate.
The OMDC determined the primary purpose of the applicant's website was marketing and promotion, rather than to educate, inform, or entertain.
The Divisional Court applied a reasonableness standard of review and upheld the decision, finding it fell within the OMDC's specialized expertise.
The court also dismissed the applicant's argument that the OMDC breached procedural fairness by failing to disclose a 2004 opinion, noting the administrative nature of the decision and the extensive prior communications between the parties.
