George Hunter

The respondent father sought leave to appeal an interim order granting the mother interim custody and permitting her to move to Florida with the children, as well as staying the Ontario proceedings if Florida assumed jurisdiction.

The court found no conflicting decisions or reason to doubt the correctness of the interim custody and mobility orders, applying the best interests of the child test.

However, the court granted leave to appeal solely on the issue of whether the Ontario action should be automatically stayed if a Florida court assumes jurisdiction, as this relief was not requested and full submissions were not heard.

The applicant, a pharmaceutical manufacturer, sought judicial review of a recommendation by the Canadian Agency for Drugs and Technologies in Health (CADTH).

The applicant alleged that CADTH breached its duty of procedural fairness by failing to publish draft rules for a pilot project and by allowing a competitor to participate, thereby giving the competitor an unfair market advantage.

The Divisional Court dismissed the application, finding that CADTH had widely communicated the existence of the pilot project to the industry and that any manufacturer, including the applicant, could have volunteered to participate.

The court concluded that CADTH's conduct was transparent, even-handed, and reasonable, and that there was no breach of the applicant's legitimate expectations.