Kristin Smith

The applicant sought judicial review of the Director of the Ministry of the Environment's decision to issue a Renewable Energy Approval for a wind facility.

The applicant argued the Director failed to comply with regulatory requirements and denied procedural fairness.

The Divisional Court dismissed the application, finding that the applicant lacked both personal and public interest standing.

In the alternative, the court held that the Director's decision to dispense with strict compliance with notice requirements was reasonable, and the consultation process met the common law requirements of procedural fairness.

The appellant appealed an order striking its claim and dismissing its action.

The Court of Appeal had previously adjourned the appeal pending the outcome of related judicial review proceedings in the Divisional Court.

After the Divisional Court dismissed the judicial review application and leave to appeal was denied, the Court of Appeal dismissed this appeal, finding that the allegations in the appellant's pleadings were in substance the same as those rejected by the Divisional Court.

The court held that allowing the re-litigation of those allegations in a second proceeding would be an abuse of process.

The applicants, Shoppers Drug Mart and Katz Group, successfully challenged provincial regulations banning pharmacies from selling private label generic drugs at the Divisional Court.

The Minister of Health appealed.

The Court of Appeal allowed the appeal, finding that the regulations were intra vires the Ontario Drug Benefit Act and the Drug Interchangeability and Dispensing Fee Act.

The Court held that the regulations validly imposed conditions on the drug supply chain to control prescription drug costs, rather than constituting an unauthorized prohibition, interference with commercial rights, or illegal discrimination.

The appellant appealed an order regarding the adequacy of pleadings and whether the respondent was immune from suit.

The Court of Appeal noted that pending judicial review applications in the Divisional Court raised many of the same procedural errors alleged in the pleadings.

The Court adjourned the appeal to await the Divisional Court's decision, as it could impact whether the appellant's pleading could survive based on issue estoppel or res judicata.

The applicant, a foreign-trained physician, alleged discrimination on the basis of age and place of origin after his application to the Ministry of Health and Long-Term Care's Re-Entry Program for retraining in General Surgery was rejected.

The Tribunal found that the respondent evaluated the application using objective criteria, such as prior service in underserviced communities and physician supply projections, which were applied consistently to all applicants.

The Tribunal concluded there was no evidence that the applicant's age or place of origin factored into the respondent's decision, and dismissed the application.

The appellant appealed a decision of the Health Services Appeal and Review Board under the Independent Health Facilities Act.

The Divisional Court found that the Board erred in law by asking itself the wrong question, limiting its consideration to whether the Director had the authority to revoke the appellant's licence rather than whether the revocation was a reasonable exercise of discretion.

The court rescinded the Board's decision and remitted the matter back for a re-hearing, noting that the Board's process is a hearing where it may substitute its own opinion for that of the Director.

The applicants, who own and operate pharmacies in Ontario, challenged the validity of provincial regulations that prohibited 'private label' generic drugs from being designated as interchangeable or listed for public reimbursement.

The Divisional Court held that the regulations were ultra vires the Ontario Drug Benefit Act and the Drug Interchangeability and Dispensing Fee Act.

The Court found that the enabling statutes authorized the imposition of conditions, not absolute prohibitions, and that the ban on private label products was extraneous to the legislative purpose of controlling drug costs.

The regulations were declared invalid and of no force and effect.

Apotex Inc. sought judicial review of decisions by the Executive Officer of the Ontario Public Drug Programs refusing to increase the reimbursable pricing of three generic antibiotic drugs.

The applicant argued that the historic pricing exemption should apply to allow price increases and challenged the Executive Officer's reliance on the single source pricing exemption to negotiate a price increase with a competitor.

The Divisional Court dismissed the application, finding that the Executive Officer's interpretation of the legislation and regulations was reasonable and that her actions to ensure a continued supply of the drugs were lawful and in the public interest.