The Chief Coroner for Ontario brought a motion to set aside an order requiring him to file a record of proceedings for a judicial review application concerning his refusal to order an inquest into a death.
The Divisional Court held that the Chief Coroner was not exercising a 'statutory power of decision' under the Judicial Review Procedure Act when deciding whether to hold an inquest, as he was determining the public interest rather than legal rights or eligibility for benefits.
Consequently, the Chief Coroner was not required to file a record of proceedings, and the motion was granted.
