Cunningham ACJ

The City of Ottawa sought judicial review of an Arbitration Board decision that reinstated an employee who had been terminated for excessive absenteeism under a Last Chance Agreement.

The Board found that the employee suffered from a disability (an anxio-depressive state) and that the City discriminated against her by counting disability-related absences toward the threshold in the agreement.

The Divisional Court dismissed the application, holding that the appropriate standard of review was patent unreasonableness and that the Board's findings of disability and prima facie discrimination were supported by the evidence and not patently unreasonable.

Deloitte & Touche LLP appealed an order of the Ontario Securities Commission authorizing the disclosure of written answers provided by Deloitte during an investigation to the respondents in a related enforcement proceeding.

Deloitte argued the information was not relevant, that disclosure was not in the public interest, and that the information was privileged.

The Divisional Court dismissed the appeal, finding the Commission reasonably concluded the information was relevant to the respondents' ability to make full answer and defence, that the public interest favoured disclosure, and that the information was not privileged because it did not originate in confidence.