E. Stewart

The applicant sought judicial review of a school board's decision to stop her presentation at a public meeting.

The applicant had been approved to speak about transparency in a library review process but digressed to critique specific books discussing gender identity.

The chair stopped her presentation on the basis that it could violate human rights legislation and board policies.

The Divisional Court dismissed the application, finding the board's decision was reasonable, did not breach procedural fairness, and did not raise a reasonable apprehension of bias.

The court held that the board reasonably balanced the applicant's freedom of expression with its statutory objectives and policies regarding equity and inclusion.

The moving party brought a motion for leave to appeal an order dated January 13, 2023.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party fixed at $2,500 all inclusive.

The moving parties brought a motion for leave to appeal an order of the motion judge dated June 6, 2023.

The Divisional Court dismissed the motion for leave to appeal in writing.

Costs were awarded to the responding party in the fixed amount of $3,000.

The moving parties brought a motion for leave to appeal an order dated June 6, 2023.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party fixed in the amount of $3,000 all inclusive.

The applicant employer sought judicial review of an Ontario Labour Relations Board decision certifying a union to represent employees within only one division of the company.

The employer argued the Board unreasonably departed from practice by certifying a unit within a division that is not a legal entity, and ignored serious labour relations harm.

The Divisional Court dismissed the application, finding the Board reasonably applied the principle that a union's proposed unit will be granted unless it causes serious labour relations problems, and reasonably concluded the employer failed to demonstrate such harm.

The applicant sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision dismissing her claims of workplace discrimination and reprisal against her former employer.

She alleged the HRTO hearing was procedurally unfair and demonstrated a reasonable apprehension of bias.

The Divisional Court applied the reasonableness standard of review and found that the HRTO's procedural rulings, including the admission of hearsay evidence and late-filed documents, were fair and within its discretion.

The court concluded the HRTO's dismissal of the discrimination and reprisal allegations was reasonable and supported by the evidence.

The application for judicial review was dismissed with costs.

The applicant sought judicial review of a labour arbitrator's decision regarding the calculation of 'full net pay' for disabled firefighters under the collective agreement.

The arbitrator had ruled that the employer could deduct notional OMERS pension plan contributions from the calculation of full net pay, even when the employee had a disability waiver in place, to ensure continuity of take-home pay rather than providing a windfall.

The Divisional Court applied the reasonableness standard of review and found the arbitrator's interpretation of the collective agreement was justified and unassailable.

The application for judicial review was dismissed.

The moving party sought leave to appeal the order of the motion judge.

The Divisional Court dismissed the motion for leave to appeal without costs, noting a typographical error in the neutral citation of the underlying reasons for decision.

The moving party brought a motion for leave to appeal two unreported decisions of the lower court.

The Divisional Court reviewed the written submissions of the parties.

The motion for leave to appeal was dismissed, and the moving party was ordered to pay costs of $3,000 to the responding parties.

The moving parties brought motions for leave to appeal an order of the Superior Court of Justice.

The Divisional Court dismissed the motions for leave to appeal without costs.

The moving party brought a motion for leave to appeal an order of the Superior Court of Justice.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs of $5,000 to the responding party.

The applicant sought judicial review of HRTO decisions that summarily dismissed his complaints against various City of Toronto officials and departments.

The applicant alleged discrimination based on race and place of origin regarding the City's handling of his zoning by-law inquiries.

The Divisional Court dismissed the applications, finding the HRTO's conclusions that the complaints had no reasonable prospect of success and lacked a factual link to Code-protected grounds were reasonable and procedurally fair.

The moving parties brought a motion for leave to appeal the order of Carey J. dated May 1, 2023.

The Divisional Court dismissed the motion for leave to appeal.

As agreed by the parties, the moving parties were ordered to pay the responding party's costs fixed at $3,000.

The moving parties brought a motion for leave to appeal an order of Dietrich J. dated May 30, 2023.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving parties to pay costs of $2,000 to the litigation guardian for the plaintiff and $3,000 to the responding parties.

The moving parties sought leave to appeal an order of Papageorgiou J. dated May 1, 2023.

The Divisional Court dismissed the motion for leave to appeal.

No costs were awarded as the responding parties failed to provide a Costs Outline.

The Regional Municipality of York brought an application for judicial review seeking mandamus after the Minister failed for several years to make a decision on its environmental assessment for a wastewater project.

After the application was commenced, the Ontario legislature passed legislation that effectively repealed the requirement for a decision and mandated a different wastewater solution, rendering the application moot.

The Divisional Court declined to exercise its discretion to hear the moot constitutional and administrative law issues.

However, due to the government's 'reprehensible' delay and 'egregious' conduct in covertly passing legislation to bypass the environmental assessment process, the court relieved the applicant from a prior agreement to waive costs and awarded the applicant its costs on a full indemnity basis.

The applicant, a crypto asset trading platform, sought judicial review of an investigation order and summons issued by the Ontario Securities Commission.

The applicant argued the investigation was precluded by a prior undertaking and constituted an abuse of process, and that the summons violated section 8 of the Charter.

The Divisional Court dismissed the application, finding the undertaking contained an express reservation of rights that permitted the investigation.

The court declined to decide the Charter issue, holding it should first be raised before the Commission.

The applicant sought judicial review of a reconsideration decision by the respondent police service, which refused to remove non-conviction information from his Vulnerable Sector Check.

The information related to withdrawn and stayed charges involving allegations of criminal harassment, sexual assault, and sexual interference where the alleged victims included children.

The Divisional Court dismissed the application, finding that the police service's interpretation of 'alleged victim' and 'pattern of predation' under the Police Records Checks Reform Act was reasonable and consistent with the legislation's purpose of protecting children and vulnerable persons.

The appellant appealed an order directing the sale of a vacant property solely owned by the respondent, where the parties had previously cohabited.

The appellant argued the sale should be delayed until the validity of their cohabitation agreement, which contained a purchase option, was determined at trial.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the motion judge's conclusion that the respondent should not be forced to pay significant monthly maintenance for an unused property, especially since the sale proceeds would be held in trust pending final resolution.

The moving party sought leave to appeal the order of Valente J. dated April 19, 2023.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay the responding party $5,000 in costs.