Jennifer Birrell

Following the dismissal of the applicant's application for judicial review, the court determined the issue of costs.

The court rejected the applicant's argument that he was a public interest litigant and applied the presumption that a successful party is entitled to costs.

Costs were fixed in favour of the respondent on a partial indemnity basis in the amount of $15,000 all-inclusive.

The applicant, a high school student, sought judicial review of a school board committee's decision upholding his 20-day suspension and subsequent exclusion orders.

The discipline was imposed after the applicant made derogatory and harassing comments regarding transgender students, which he claimed were expressions of his sincerely held religious beliefs.

The Divisional Court dismissed the application, finding the committee's decision reasonable as it appropriately balanced the applicant's freedom of religion with the school's statutory duty to maintain a safe environment free from bullying and harassment.

The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his complaints of reprisal under the Occupational Health and Safety Act and the Employment Standards Act, 2000.

The applicant alleged his employment was terminated because he took personal emergency leave and made a harassment complaint.

The Board found the termination was solely due to ongoing performance issues.

The Divisional Court dismissed the application, holding that the Board applied the correct legal test for reprisal, reasonably assessed the evidence, and did not deny the applicant procedural fairness in its evidentiary rulings.