Kimberly A. Mullin

The applicant sought a declaration that the respondent's new by-law was invalid and that his removal as President under that by-law was void.

The respondent had implemented the new by-law without obtaining the required Ministerial approval under the Canada Corporations Act.

The court found the new by-law invalid and declared the previous 2005 by-law operative.

While the applicant was estopped from challenging actions taken under the shared assumption of the new by-law's validity prior to November 2012, his removal as President occurred after this period and was declared invalid.

The court ordered a fresh election under the 2005 by-law.

The applicant, City of Toronto Economic Development Corporation (TEDCO), sought judicial review of a decision by the Information and Privacy Commissioner/Ontario (IPC) which found that TEDCO was deemed to be part of the City of Toronto under subsection 2(3) of the Municipal Freedom of Information and Protection of Privacy Act.

The IPC had ordered the City to obtain records from TEDCO responsive to a freedom of information request.

The Divisional Court quashed the IPC's decision, holding that the adjudicator erred in interpreting the term 'officers' in subsection 2(3) to include 'directors'.

The Court found that TEDCO, incorporated under the Business Corporations Act, is not subject to the Act.