Jack D. Coop

The applicant physician sought a declaration that the hospital board's decision to revoke his privileges mid-term was automatically stayed pending his appeal to the Health Professions Appeal and Review Board, pursuant to s. 25(1) of the Statutory Powers Procedure Act (SPPA).

The Divisional Court granted the declaration, finding that the hospital's by-laws and a prior agreement created a legitimate expectation that the applicant was entitled to a formal hearing.

Because a hearing was required 'otherwise by law', the SPPA applied, triggering the automatic stay provision.

The parties consented to fix costs in the amount of $89,972.43.

The court ordered that the costs be payable within two weeks of the respondent deciding not to appeal, or within two weeks of an order dismissing the respondent's appeal if leave is granted.

If the respondent successfully appeals, costs will be determined by the Court of Appeal.

The applicant First Nations sought judicial review to quash a Notice of Completion of an Environmental Study Report regarding the transfer of the Seaton lands by the Ontario Realty Corporation.

The applicants argued the Crown breached its constitutional and statutory duties to consult them about potential aboriginal burial sites on the lands.

The Divisional Court dismissed the application, finding no constitutional duty to consult because the applicants had surrendered their rights to the lands under the 1923 Williams Treaties.

The court also held that the statutory consultation process under the Environmental Assessment Act was procedurally fair, noting the broad nature of the assessment and the effective involvement of the Founding First Nations Circle.

The applicant developer sought judicial review of the Minister's ongoing planning process under the Ontario Planning Development Act, 1994, alleging improper limitations on the investigation stage and lack of meaningful public participation.

The Divisional Court quashed the application as premature, holding that judicial review should generally await the conclusion of administrative proceedings.

The court found no exceptional circumstances justifying intervention before the planning process was complete.

The plaintiffs brought an action against the provincial government alleging that a child's death in a hospital emergency department was caused by government funding cuts and restructuring decisions.

The plaintiffs claimed negligence, abuse of public office, and breach of fiduciary duty.

The government appealed a motions judge's refusal to strike these claims.

The Divisional Court allowed the appeal and struck the statement of claim, finding that the government owed no private law duty of care to the plaintiffs, the funding decisions were protected policy decisions, and the elements of abuse of public office and breach of fiduciary duty were not properly pleaded.

The Maitland Valley Conservation Authority and the Attorney General for Ontario sought leave to appeal a Provincial Court decision dismissing a prosecution against the respondents for constructing a building on a swamp without written permission.

The respondents had obtained a building permit from the municipality, and the Provincial Court judge found they could successfully assert the defence of officially induced error.

The Court of Appeal granted leave to appeal, finding that the legal effect of a building permit as a defence to prosecution under another Act raises a question of law of broad public significance.