Donald Ross Cameron

The appellant landlord appealed a decision declining to grant summary judgment against the respondent tenants for breach of a commercial lease.

The tenants had raised defences based on alleged prior representations and a non-competition clause.

The Divisional Court allowed the appeal, finding that an 'entire agreement' clause precluded reliance on prior representations, and that the non-competition clause only applied if the tenant was not in default.

As the tenants were in arrears before the competing lease was signed, the defences and counterclaim failed.

Summary judgment was granted on liability, with damages to be assessed.

The appellant appealed a Master's decision refusing a proposed amendment to pleadings.

The Divisional Court dismissed the appeal, agreeing with the Master that it was plain and obvious the facts could not support a finding of fiduciary duty, as the hallmarks of a fiduciary relationship were not present.

Costs of $10,000 were awarded to the respondents.

The applicant sought judicial review of a decision by the Ontario Racing Commission revoking his horse racing licences for allegedly conspiring to fix a race.

The Commission's majority decision relied heavily on the uncorroborated evidence of an admitted liar who had made a deal to implicate the applicant, while ignoring exculpatory evidence and failing to explain why it disbelieved the applicant's witnesses.

The Divisional Court allowed the application, finding that the Commission's failure to provide adequate reasons for its credibility findings and penalty constituted a denial of natural justice and procedural fairness.

The matter was remitted to a differently constituted panel.

The applicant union sought judicial review of an arbitrator's award upholding the discharge of an employee for sleeping on the job.

The employee was subject to a Last Chance Agreement that permitted immediate discharge for sleeping at work.

The union argued the arbitrator unreasonably disregarded medical evidence suggesting the employee suffered from sleep apnea and circadian rhythm disorder.

The Divisional Court dismissed the application, finding the arbitrator carefully considered the evidence and reasonably concluded the sleep apnea only became significant after termination.

The arbitrator's decision was not patently unreasonable.

The applicant sought judicial review of an Ontario Labour Relations Board decision that dismissed his application for delay.

The Divisional Court found that the Board breached the principles of natural justice by deciding the matter on the issue of delay without giving the applicant an opportunity to address it.

The applicant's own delay in applying for judicial review was satisfactorily explained by his impecuniosity.

The application for judicial review was allowed, the Board's order was set aside, and the matter was remitted to the Board for further consideration.

Following an appeal of a human rights tribunal decision where the appellants achieved divided success by limiting the scope of the tribunal's order, the court determined the appropriate costs award.

The respondents, who were represented pro bono, sought costs on a public interest basis, while the appellants sought their costs.

Recognizing the appellants' material success, the court awarded them partial indemnity costs fixed at $25,000, payable by the respondents.

The appellants, a commercial printer and its president, refused to print letterhead and business cards for the Canadian Lesbian and Gay Archives due to the president's religious beliefs regarding homosexuality.

A Board of Inquiry found this constituted discrimination based on sexual orientation and ordered the appellants to provide printing services to gays, lesbians, and their organizations.

On appeal, the Divisional Court upheld the finding of discrimination but found the Board's order overly broad, as it could compel the printing of materials directly conflicting with the president's core religious beliefs.

The Court amended the order to exempt the appellants from printing materials that reasonably conflict with the core elements of the president's religious beliefs, while affirming the order in all other respects.

The applicant sought judicial review of an Ontario Labour Relations Board decision that included secretaries to judges in a union bargaining unit.

The Divisional Court quashed the Board's decision, holding that the Board erred in its interpretation of judicial independence.

The majority found that including judicial secretaries in the bargaining unit created an inevitable conflict of interest, as they are integral to the administrative independence and confidential functions of the judiciary.