Allan Rock

The moving parties sought a stay of a new Ontario government policy restricting international medical graduates from participating in the first iteration of the medical residency matching process (CaRMS) unless they attended high school in Ontario for two years.

The Divisional Court dismissed the motion for a stay, finding it lacked jurisdiction over the underlying application for judicial review.

The court held that the policy was not an exercise of a specific statutory power under the Judicial Review Procedure Act, nor was certiorari available against the Crown in these circumstances.

The inclusion of Charter arguments did not expand the court's statutory jurisdiction.

The appellants brought a motion to review an order requiring them to post security for costs.

They argued the motion judge misapprehended evidence regarding the corporate appellant's indebtedness and asset valuation.

The Court of Appeal dismissed the motion, finding no error in the motion judge's reliance on the public record and financial statements over unconfirmed assertions and a late-produced tax bill.

The appellants were ordered to post security for costs within thirty days.

The appellant appealed a judgment involving a breach of trust and fiduciary duty, arguing the trial judge erred in describing mortgages as providing for compound interest upon default and in awarding compound interest.

The Court of Appeal dismissed the appeal, finding no material factual errors and holding that an award of compound interest was fully warranted under the court's equitable jurisdiction due to the breach of trust and fiduciary duty.

Leave to appeal costs was refused, and costs of the appeal were awarded to the respondents.