M. Brown

The applicant, a branch of the United States Department of Defense, sought judicial review of an Ontario Labour Relations Board decision certifying a union to represent its civilian employees in Ontario.

The Board had found that the applicant was a separate agency of the foreign state, had waived sovereign immunity, and was engaged in commercial activity.

The Divisional Court quashed the certification, holding that the applicant was an integral part of the U.S. government, had not waived its immunity, and was engaged in sovereign military support activities rather than commercial activities.

The appellant appealed a judgment determining the sale price, distribution of proceeds, and interest following an application for partition and sale of a jointly owned property.

The Divisional Court upheld the application judge's findings regarding the initial purchase contribution and the respondent's entitlement to occupation rent due to ouster.

However, the court found palpable and overriding errors in the calculation of carrying costs, the allocation of real estate commission, and the award of pre-judgment interest on funds already paid into court or held in trust.

The appeal was allowed in part to correct these financial calculations.

Following the dismissal of the appellant's appeal, the Ontario Securities Commission sought costs.

The Divisional Court awarded the Commission costs of the appeal fixed at $20,000 on a partial indemnity basis, finding no issue of broad public interest or misconduct by staff during settlement negotiations that would warrant denying costs.

The appellant appealed a decision of the Ontario Securities Commission dismissing his application under s. 144 of the Securities Act to set aside a settlement agreement.

The appellant argued the agreement should be set aside due to non-disclosure by Commission staff regarding an investigation into a key witness for breaching a cease trade order.

The Divisional Court held that the standard of review was reasonableness and found the Commission's decision not to revoke the settlement was reasonable, as the undisclosed information would not likely have affected the outcome of the administrative proceeding.

The appeal was dismissed.

The purchasers signed an Agreement of Purchase and Sale for a new home and paid a $10,000 deposit, but attempted to cancel the agreement the next day.

The Small Claims Court ordered the vendor to return $9,300 of the deposit, finding the vendor had not proven damages.

On appeal, the Divisional Court set aside the judgment and dismissed the purchasers' claim.

The court held that a true deposit may be forfeited without proof of damages upon a purchaser's default, and the purchasers failed to establish that the forfeiture was unconscionable or out of all proportion to the losses suffered to warrant relief from forfeiture.