Jordan Shaun Glick

The appellants sought an application for prohibition to prevent a provincial offence prosecution under the Motor Vehicle Dealers Act, 2002.

The respondent brought a motion to dismiss the prohibition application as frivolous and an abuse of process.

The motion judge granted the motion and dismissed the application.

The appellants appealed.

The Court of Appeal upheld the dismissal, finding that prohibition is a remedy for jurisdictional issues only, and the appellants' arguments were non-jurisdictional matters properly decided at trial in the Ontario Court of Justice.

The appeal was dismissed with costs to the respondent.

The Ontario Motor Vehicle Industry Council (OMVIC) brought a motion to stay, dismiss, or strike an application filed by Richard and Tracy Grey.

The Greys had been charged by OMVIC with acting as unregistered motor vehicle dealers and sought an order of prohibition from the Superior Court of Justice to prevent their trial in the Ontario Court of Justice (OCJ).

OMVIC argued the application was frivolous and an abuse of process, contending that the Greys' defence should be heard at first instance in the OCJ, with a right of appeal to the Superior Court.

The court dismissed the Greys' application, finding it lacked legal merit, was premature, and constituted a collateral attack on the OCJ's authority, thus being an abuse of process.

Costs were awarded to OMVIC.

The appellants, Wesley Moore and St. Jacobs Carpenter House Inc., appealed an order requiring them to cease operating an unlicensed retirement home.

The core issues were whether their facility met the statutory definition of a "retirement home" under the Retirement Homes Act, 2010, specifically regarding the provision of "care services" (meals and drug administration), and whether the application judge erred in finding an abuse of process or in ordering the cessation of operations.

The Court of Appeal upheld the application judge's findings, confirming that the facility provided at least two care services, including a broad interpretation of "administration of a drug" to encompass assistance.

The court also rejected the abuse of process argument and affirmed the judge's power to issue a cease and vacate order under the Act.

The appeal was dismissed with costs.

The Retirement Homes Regulatory Authority (RHRA) brought an application seeking an order for the respondents to cease illegally operating a retirement home and to wind up their business.

The core issue was whether the respondents' facility met the definition of a retirement home under the Retirement Homes Act, specifically concerning the "administration of a drug or other substance." The court found that the respondents did administer drugs based on the ordinary meaning of the term, their own definition, and a purposive interpretation of the Act, which aims to protect vulnerable individuals.

The court also found other care services were provided.

Given the respondents' history of non-compliance and deliberate attempts to avoid regulation, the court granted the RHRA's request to shut down the premises, ordering it to be vacated within six months, and awarded costs to the applicant.

The Retirement Homes Regulatory Authority (RHRA) brought an urgent application seeking an order for In Touch Retirement Living for Vegetarians/Vegans Inc. and Elaine Lindo (the Respondents) to cease operating as an unlicensed retirement home.

The Respondents filed a cross-application challenging the enforcement of the Retirement Homes Act, 2010 on Charter grounds and requesting consideration for a licence.

The court granted the RHRA's application, finding a continuous breach of the Act and dismissing the cross-application due to procedural deficiencies and lack of legal merit for the Charter claims.

Ancillary relief was also granted to ensure the safe transfer of residents.