Dr. Melissa Snider-Adler

The applicants sought an interlocutory injunction to restrain the Toronto Transit Commission from implementing random drug and alcohol testing for safety-sensitive employees pending the outcome of a policy grievance arbitration.

The court applied the RJR-MacDonald test and found that while there was a serious issue to be tried, the applicants failed to demonstrate irreparable harm, as any privacy breaches or wrongful dismissals could be compensated with damages.

Furthermore, the balance of convenience favoured the respondent due to the significant public interest in transit safety and evidence of a workplace drug and alcohol problem.

The motion for an injunction was dismissed.

The applicant Society sought an order of Crown wardship with no access for two children.

The respondent parents conceded the children were in need of protection due to their ongoing struggles with drug addiction but requested the children be returned to their care under a supervision order.

The court found that the initial apprehension of the children was not justified by the evidence and that the Society had unreasonably restricted the parents' access and failed to support their rehabilitation.

Despite the parents' ongoing addiction issues, the court found they had a stable, supportive relationship, strong extended family support, and a deep bond with the children.

The court concluded it was in the children's best interests to be returned to their parents' care pursuant to a reintegration plan and a strict supervision order requiring drug testing and treatment.