Katie Black

The applicant sought an interim injunction and judicial review to overturn his disqualification from the position of Vice-President, Student Services for the Carleton University Students’ Association (CUSA) following an election.

The applicant had received the most votes but was disqualified due to alleged electoral offences by another student on his slate.

The court found that the Constitutional Board exceeded its jurisdiction by defining a new electoral offence that was not in force at the time of the election and by disqualifying the entire slate based on this expanded interpretation.

The court concluded that the electoral decisions were subject to judicial review and set aside the disqualification.

The appellants sought leave to appeal two Ontario Municipal Board (OMB) decisions that dismissed their appeals against a City of Ottawa official plan amendment and zoning by-law facilitating the redevelopment of Chaudiere and Albert Islands.

The appellants argued the OMB erred in quashing their Notice of Constitutional Question and in finding that the City and developer adequately consulted with the Algonquin First Nation.

The Divisional Court denied leave to appeal, holding that the OMB correctly determined it lacked jurisdiction to grant declarations of Aboriginal title and that the OMB's findings regarding the adequacy of the consultation process were reasonable and did not raise a question of law.

In an application under the Arbitration Act, 1991 to set aside or alternatively seek leave to appeal parts of an arbitral award, the respondent municipality brought a motion challenging the court's jurisdiction over the appeal aspect and seeking cross-examination on an affidavit filed by opposing counsel.

The court held that an arbitration clause providing that the arbitrator's decision would be final and binding and that there would be no appeal implicitly excluded any application for leave to appeal under s. 45(1).

The court refused to dismiss the jurisdiction motion for delay or defer it to the application judge, ordered the deponent to attend for cross-examination with relevant documentation, and awarded the moving party its $527.80 non-attendance expense.

The cross-motion to compel opposing counsel to attend for cross-examination was dismissed.