J. Craig Morrison

The City of Ottawa sought judicial review of an Arbitration Board decision that reinstated an employee who had been terminated for excessive absenteeism under a Last Chance Agreement.

The Board found that the employee suffered from a disability (an anxio-depressive state) and that the City discriminated against her by counting disability-related absences toward the threshold in the agreement.

The Divisional Court dismissed the application, holding that the appropriate standard of review was patent unreasonableness and that the Board's findings of disability and prima facie discrimination were supported by the evidence and not patently unreasonable.

The respondent, a licensed taxicab driver, was charged with operating an unlicensed taxicab after picking up a fare in the former City of Ottawa.

He had been licensed by the former City of Gloucester and complied with the new amalgamated City of Ottawa's licensing requirements.

The summary conviction appeal judge acquitted him, finding the old pre-amalgamation taxi zones were dissolved.

The City appealed, seeking to amend the Certificate of Offence to specify a different by-law provision.

The Court of Appeal dismissed the motion to amend, finding it would cause prejudice and injustice given the lack of evidence and the late stage of the proceeding.

The appeal was dismissed, as there was no evidence the respondent drove an unlicensed taxicab under the charged provision.