6 total
Motion for leave to appeal Assessment Review Board decision dismissed with agreed costs.
The moving party brought a motion for leave to appeal a decision of the Assessment Review Board.
The Divisional Court dismissed the motion for leave to appeal.
In accordance with an agreement between the parties, the moving party was ordered to pay costs fixed at $1,500 to each of the responding parties.
Case management judge defers issue of whether Ontario must produce a record of decision to the hearing panel.
Following a case management teleconference, the court issued directions regarding two related applications brought by the St. Lawrence Neighbourhood Association and the City of Toronto against Ontario concerning the demolition of heritage buildings.
Toronto sought an order requiring Ontario to produce a 'record of decision' prior to the hearing, arguing that the demolition involved a statutory power of decision.
The case management judge deferred this issue to the panel hearing the applications, noting that the panel could draw appropriate inferences or order further disclosure if necessary.
Interim order granted to halt demolition of heritage buildings pending final determination of judicial review application.
The applicant brought an urgent motion to stop the demolition of four industrial buildings with heritage designations under the Ontario Heritage Act.
The court found that the respondents likely began demolition by mistake, failing to comply with the Heritage Act and a subdivision agreement with the City of Toronto.
The court granted an interim order of prohibition under s. 4 of the Judicial Review Procedure Act to prevent the destruction of the buildings pending the final determination of the application by a panel of the Divisional Court.
Interlocutory injunction granted to shut down illegal medical cannabis dispensaries pending constitutional challenge.
The City of Toronto brought a motion for an interlocutory injunction to shut down several medical cannabis dispensaries operating in violation of its zoning by-laws.
The dispensary operators brought a cross-motion seeking an interlocutory exemption from the by-laws and the Controlled Drugs and Substances Act, arguing that the existing regulatory scheme failed to provide reasonable access to medical cannabis.
Applying the RJR-MacDonald test, the court found that the balance of convenience favoured the City, as there is a presumption that validly enacted laws serve the public interest.
The court granted the City's injunction but declined to issue an order directing police enforcement, noting the lack of statutory authority for such an order in a civil proceeding.
The operators' cross-motion was dismissed.
Appeal from Social Benefits Tribunal dismissed as the finding of financial ineligibility was reasonable.
The appellants appealed a decision of the Social Benefits Tribunal which upheld the Director's finding that the appellant was not financially eligible for ODSP income support due to her receipt of long-term disability insurance benefits.
The Divisional Court dismissed the appeal, finding that the Tribunal's decision involved a question of mixed fact and law, which is not appealable under the ODSPA, and that the Tribunal's conclusion was reasonable.
Motion to extend time to appeal dismissed because Small Claims Court interlocutory orders cannot be appealed.
The City of Toronto brought a motion to extend the time to appeal a Small Claims Court order that dismissed its motion for summary judgment.
The Divisional Court dismissed the motion, finding that while the City met most of the test for an extension, the proposed appeal was patently without merit.
The underlying decision was interlocutory, and there is an absolute prohibition against appealing interlocutory decisions of the Small Claims Court.
