Faye E. McWatt

The moving party brought a motion for leave to appeal the order of Fryer J. The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs of $5,000 inclusive of HST and disbursements to the responding party.

The plaintiffs appealed the dismissal of their motion to certify a class action against several discount brokers regarding the receipt of mutual fund trailing commissions.

The motion judge had found no basis in fact for the core proposed common issue of whether the receipt of such commissions contravened applicable Canadian securities law prior to their explicit prohibition in 2022.

The Divisional Court dismissed the appeal, finding that the motion judge correctly applied the 'some basis in fact' test, properly concluded that all pleaded causes of action relied on the allegation of illegality, and appropriately held the plaintiffs to their strategic concession that the entire action would fail if the core issue was not certified.

The appellant physician appealed a decision of the Health Professions Appeal and Review Board (HPARB) confirming the hospital's decisions not to renew her reappointment applications and to revoke her privileges due to a long-standing pattern of communication issues and interpersonal conflict.

The Divisional Court dismissed the appeal, finding that the HPARB did not misapprehend the evidence and appropriately analyzed the criteria for non-renewal and revocation under the hospital's by-laws and the Public Hospitals Act.

The moving party brought a motion for leave to appeal an order dated April 25, 2023.

The Divisional Court dismissed the motion for leave to appeal.

No costs were awarded as no costs outline was filed.

The appellant appealed a Licence Appeal Tribunal decision denying his claim for income replacement benefits on the basis that it was barred by the two-year limitation period.

The appellant had returned to work immediately after the accident but stopped working 16 months later, at which point he applied for benefits.

The Divisional Court allowed the appeal, finding that the adjudicator erred in law by failing to apply the doctrine of discoverability.

Following Tomec, the court held that the limitation period could not begin to run before the appellant became eligible for the benefits.

The applicant, a crypto asset trading platform, sought judicial review of an investigation order and summons issued by the Ontario Securities Commission.

The applicant argued the investigation was precluded by a prior undertaking and constituted an abuse of process, and that the summons violated section 8 of the Charter.

The Divisional Court dismissed the application, finding the undertaking contained an express reservation of rights that permitted the investigation.

The court declined to decide the Charter issue, holding it should first be raised before the Commission.

The applicant sought judicial review of an Ontario Labour Relations Board decision declaring it a successor employer bound by a collective agreement after taking over a hospital shuttle bus contract.

The applicant argued the Board unreasonably expanded the definition of 'building service provider' and 'servicing the premises' under the Labour Relations Act, 1995.

The Divisional Court dismissed the application, finding the Board's interpretation of its home statute was reasonable, supported by the evidence, and consistent with its prior jurisprudence.

The moving party sought leave to appeal the order of Valente J. dated April 19, 2023.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay the responding party $5,000 in costs.

The moving parties brought a motion for leave to appeal the order of Varpio J. dated April 11, 2023.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving parties to pay costs of $5,000 to the responding party.

The moving party sought leave to appeal an order of the Superior Court of Justice.

The Divisional Court dismissed the motion for leave to appeal.

As no submissions on costs were made, the court made no order as to costs.

The defendants brought a motion for leave to appeal the order of Fitzpatrick J. dated March 29, 2023.

The Divisional Court granted the motion for leave to appeal and ordered the responding party to pay costs of $3,500 to the moving parties.

The moving parties brought a motion for leave to appeal an order of Perell J. dated May 9, 2023.

The Divisional Court granted the motion for leave to appeal and ordered the responding parties to pay $5,000 in costs to the moving parties.

The moving party brought a motion for leave to appeal an order dated May 4, 2023.

The Divisional Court granted leave to appeal, ordered the appeal to be expedited, and awarded the moving party $2,000 in costs.

The Toronto Star requested records from the LCBO regarding the number of shoplifting incidents at its stores.

The LCBO denied the request under various FIPPA exemptions, arguing disclosure would endanger safety, facilitate crime, and harm economic interests.

The Information and Privacy Commissioner ordered disclosure.

On judicial review, the Divisional Court (majority) set aside the IPC's order, finding the adjudicator misapplied the standard of proof, misapprehended evidence regarding the risk of targeted thefts, and provided inadequate reasons.

The moving parties sought leave to appeal an associate justice's costs orders and an order dismissing a motion to increase the pre-judgment interest rate.

The Divisional Court dismissed the motion for leave to appeal the costs orders and noted that leave to appeal the pre-judgment interest order was not required.

No costs were awarded for the motion.

The moving party sought leave to appeal a case conference order dated November 21, 2021.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay $5,000 in costs to the respondent.

The plaintiff brought a motion for leave to appeal an order dated November 16, 2022.

The Divisional Court granted the motion for leave to appeal and ordered the respondents to pay the moving party agreed costs of $5,000.

The applicant sought judicial review of a WSIAT decision denying his claim for chronic or traumatic mental stress benefits.

The WSIAT had found that the applicant's psychological condition was primarily caused by his job reclassification and resulting wage impact, which are employer decisions excluded from compensation under the Workplace Safety and Insurance Act.

The Divisional Court dismissed the application, finding the WSIAT's decision reasonable and supported by the medical evidence.

The landlords appealed a Landlord and Tenant Board decision dismissing their application for termination and compensation for water damage to the rental unit's flooring.

The Board had found that while the tenant's mopping caused the damage, it was not reasonably foreseeable and therefore not negligent.

The Divisional Court dismissed the appeal, holding that the landlords' arguments challenged findings of fact and mixed fact and law, which are not appealable under section 210(1) of the Residential Tenancies Act.

The appellant appealed a Licence Appeal Tribunal decision denying his claim for income replacement benefits following a motor vehicle accident.

The appellant argued the Adjudicator breached procedural fairness and erred in law by failing to consider financial documents contained in his voluminous document brief.

The Divisional Court dismissed the appeal, finding no breach of procedural fairness or error of law, as the appellant had failed to enter the documents into evidence despite multiple directions and opportunities from the Adjudicator to do so.

The court also upheld the denial of an award for unreasonably withheld payments.