Glen Chochla

The Toronto Police Service (TPS) denied Yazdan Khorsand's application for special constable employment with the Toronto Community Housing Corporation (TCHC) based on a pre-screening background check, without disclosing reasons or information.

Khorsand sought judicial review, arguing a breach of procedural fairness and systemic discrimination.

The Divisional Court found the decision judicially reviewable.

On appeal, the Court of Appeal for Ontario reversed this, holding that the pre-screening decision was part of a private employment hiring process by the TCHC, not a sufficiently public exercise of state authority by the TPS Board, and therefore not amenable to judicial review.

The court emphasized that the broad public impact of a decision does not automatically make it judicially reviewable and that public law remedies were unsuitable given the need to protect sensitive law enforcement information.

The applicant, a racialized individual with no criminal record, applied for a Special Constable position with the Toronto Community Housing Corporation.

He was denied the position after failing a pre-screen background check conducted by the Toronto Police Services Board (TPSB).

The TPSB refused to provide reasons or disclose the information relied upon.

The applicant sought judicial review.

The Divisional Court held that the TPSB's decision was of sufficient public character to be subject to judicial review and that the TPSB breached its duty of procedural fairness by failing to provide the applicant with reasons and an opportunity to respond.

The decision was quashed and remitted to the TPSB.