Daniel Wong

The defendant brought a motion to compel the plaintiff to deliver copies of his schedule A productions and to attend an examination for discovery.

The plaintiff sought an adjournment due to late service of the motion materials, which was denied given the age of the 2015 action and the need to move it forward.

The court rejected the plaintiff's arguments that the motion was premature, that the defendant had waived its right to discovery, or that a notice of examination was required.

The plaintiff was ordered to provide electronic copies of his productions and attend an examination for discovery.

The plaintiff brought a motion seeking to amend his statement of claim to include constructive dismissal allegations, specific document productions, withdrawal of a jury notice, and dispensation from mandatory mediation.

The court partially granted leave to amend the statement of claim, allowing some new paragraphs while denying others deemed irrelevant or vexatious.

Specific document productions were largely ordered, including the HR file, EI decision, and relevant Executive Committee minutes, but a prosecutorial viability opinion was deemed privileged.

The motion to withdraw the jury notice was granted, but the request to dispense with mandatory mediation was denied.

The applicant sought judicial review of ongoing disciplinary proceedings before the Association of Professional Engineers of Ontario.

The Divisional Court dismissed the application as premature, applying the principle that judicial review should generally await the completion of administrative proceedings absent exceptional circumstances.

The court found no exceptional circumstances, noting that the referral to the Discipline Committee complied with the Professional Engineers Act and that disclosure issues should be addressed in the related civil proceedings.

The applicant hospital sought judicial review of an arbitration award which found it had violated the Collective Agreement by changing a registered nurse's status from full-time to part-time.

To accommodate her disability, the nurse worked half her hours in her previous bargaining unit position and half in a non-bargaining unit administrative position.

The Divisional Court dismissed the application, holding that the Arbitrator did not exceed his jurisdiction and that his interpretation of the Collective Agreement, in light of the employer's duty to accommodate, was reasonable.