Owen M. O'Neil

The appellants, representing Ontario provincial court judges, appealed the dismissal of their application for judicial review of the provincial government's decision to reject the recommendations of the Fourth Triennial Provincial Judges' Remuneration Commission regarding judicial pensions.

The government had accepted binding salary recommendations but rejected the non-binding pension enhancements, citing fiscal restraint and the fact that the 28% salary increase already significantly increased pension values.

The Court of Appeal dismissed the appeal, holding that the government's post-report retention of an actuarial firm to cost the proposals was appropriate, and that the government's reasons for rejecting the pension recommendations met the 'simple rationality' standard established by the Supreme Court of Canada in the P.E.I. Reference.

The applicant judges' association sought judicial review of the Ontario government's decision to reject the pension recommendations of the Fourth Triennial Remuneration Commission.

The government had retained independent actuaries to cost the recommendations before rejecting them.

The Divisional Court held that the actuarial affidavits were admissible, as the government was entitled to seek expert advice to justify its decision.

The court found that the government was not required to return to the Commission before making its decision, and that its rejection of the recommendations met the constitutional standard of simple rationality.