The Toronto Police Service (TPS) denied Yazdan Khorsand's application for special constable employment with the Toronto Community Housing Corporation (TCHC) based on a pre-screening background check, without disclosing reasons or information.
Khorsand sought judicial review, arguing a breach of procedural fairness and systemic discrimination.
The Divisional Court found the decision judicially reviewable.
On appeal, the Court of Appeal for Ontario reversed this, holding that the pre-screening decision was part of a private employment hiring process by the TCHC, not a sufficiently public exercise of state authority by the TPS Board, and therefore not amenable to judicial review.
The court emphasized that the broad public impact of a decision does not automatically make it judicially reviewable and that public law remedies were unsuitable given the need to protect sensitive law enforcement information.
