David S. Reiter

The applicants, a natural gas utility and a locator company, sought leave to appeal a Superior Court decision that ordered a new trial on charges under the Occupational Health and Safety Act and the Technical Standards and Safety Act.

The charges arose from a fatal natural gas explosion caused when an excavator struck an unmarked pipeline.

The Court of Appeal dismissed the application for leave to appeal, finding that the proposed grounds of appeal did not raise questions of law alone that were essential in the public interest or for the due administration of justice under section 131 of the Provincial Offences Act.

The appellants appealed a trial judge's finding that they owed the respondent commission under an oral contract for the sale of stone.

The appellants argued the trial judge ignored evidence that not all the stone had been sold, which was the triggering term for the commission.

The Divisional Court dismissed the appeal, finding no palpable and overriding error.

The trial judge's conclusion was supported by the respondent's evidence, which she found credible, and an admission by the appellants that commission was owed.

The appellant appealed a two-day liquor licence suspension imposed by the Board of the Alcohol and Gaming Commission of Ontario for serving an intoxicated customer.

The appellant argued there was no evidence to support the finding and that the Board's conduct created a reasonable apprehension of bias.

The Divisional Court dismissed the appeal, finding there was sufficient evidence to support the Board's conclusions and no basis for a reasonable apprehension of bias.