Ellies J.

The applicant, a road paving contractor, sought judicial review of the respondent municipality's decision to debar it from bidding on municipal contracts for four years.

The debarment was based on the applicant's ongoing litigation against the municipality, health and safety violations including a workplace fatality, and a history of poor contractual performance and abusive behaviour.

The Divisional Court dismissed the application, finding that while the initial debarment decision lacked procedural fairness, the defect was cured by a subsequent bona fide reconsideration process.

The court further held that the municipality's by-law was valid and the debarment decision was reasonable.

The appellant appealed an order granting the respondent summary judgment, which dismissed his motion to change a previous child support order.

The appellant argued the previous order did not comply with the Child Support Guidelines.

The Divisional Court dismissed the appeal, finding that the original judge was entitled to make an order based on Minutes of Settlement even if it deviated from the Guidelines, provided reasonable arrangements were made.

To vary the order, the appellant had to show a material change in circumstances, which he failed to do.

The tenant, who lived in rent-geared-to-income premises, appealed a Landlord and Tenant Board eviction order for non-payment of rent.

The tenant argued the rent increases were unlawful.

The Board ruled it lacked jurisdiction to determine the lawful rent under s. 203(a) of the Residential Tenancies Act.

The Divisional Court allowed the appeal, finding that because the tenant's rent was not payable under the Housing Services Act, s. 203(a) did not deprive the Board of jurisdiction to determine the lawfulness of the rent charged.

The matter was remitted for a new hearing.