Amanda Pask

The applicant union sought judicial review of a decision by the Local Health Integration Network (LHIN) to approve a Service Accountability Agreement with a hospital, which included a plan to consolidate mental health services to eliminate a budget deficit.

The applicant argued the LHIN failed to engage in required public consultation.

The Divisional Court dismissed the application, finding that the LHIN's funding decision did not constitute an 'integration decision' under the Local Health System Integration Act that would trigger statutory consultation requirements.

The court also found no breach of procedural fairness or legitimate expectations.

The applicant union sought judicial review of an arbitration board decision that upheld the constitutionality of s. 58(5)(c) of the Employment Standards Act.

The provision denied severance pay to employees whose contracts were frustrated due to illness or injury.

The Divisional Court found that the provision discriminated against severely disabled employees, violating s. 15(1) of the Charter, and was not saved by s. 1.

The offending words were struck down, and the disabled employee was awarded severance pay.