Dera J. Nevin

The applicants sought judicial review of a policy decision by the Ontario Municipal Employees Retirement Board (OMERS) which directed that amounts paid to firefighters in lieu of paid statutory holidays are not to be included in 'contributory earnings' for pension purposes.

OMERS took the position that such payments constituted 'overtime', which is excluded from contributory earnings under the applicable regulation.

The Divisional Court applied a standard of reasonableness and found that OMERS's interpretation of the term 'overtime' was reasonable, as it fell within the Board's expertise in managing and administering the pension fund.

The application for judicial review was dismissed.

The moving party sought leave to appeal a conviction and sentence related to a zoning by-law and the use of land as a seasonal camp.

The Court of Appeal denied leave, finding that the lower court decisions did not alter the scope of legal non-conforming use under s. 34(9) of the Planning Act, did not use an unreasonably broad definition of 'building', and did not prevent the continuation of the land's use as a seasonal camp.

The applications for leave to appeal were dismissed.