Jessica Spence

The applicant sought judicial review of a director's delegate's decision dismissing his request to vary or revoke a previous arbitration award that denied him statutory accident benefits.

The applicant argued that new medical reports diagnosing a traumatic brain injury constituted fresh evidence.

The Divisional Court dismissed the application, finding the director's delegate reasonably concluded that the evidence could have been obtained with reasonable diligence and, in any event, did not address the functional eligibility criteria required for the benefits sought.

The applicants sought judicial review of a FSCO Director's Delegate decision that upheld an arbitrator's exclusion of the applicant's documents and witnesses due to late service, and ordered costs personally against the applicant's lawyers.

The Divisional Court dismissed the application, finding no denial of procedural fairness in the refusal to allow an affidavit explaining the delay or in the exclusion of non-expert witnesses.

The court also held that the order for costs against the lawyers personally was reasonable given the blatant disregard of the procedural rules.

The applicant insurer sought judicial review of a Director's Delegate's appeal decision regarding a catastrophic impairment determination under the Statutory Accident Benefits Schedule.

The Delegate had overturned an arbitrator's finding that combining impairment ratings for a physical brain injury and a separate psychological disorder constituted impermissible 'double counting'.

The Delegate also remitted the issue of medication impairment back to arbitration and upheld a 4% rating for scarring.

The Divisional Court applied the reasonableness standard of review and dismissed the application, finding the Delegate's interpretation of the AMA Guides and the Schedule fell within the range of acceptable outcomes.

The applicant insurer sought judicial review of a Director's Delegate decision which held that the respondent insured was entitled to interest at 2% per month on overdue statutory accident benefits.

The insured's accident occurred after the New Regulation (O. Reg. 34/10) came into effect, but her policy was issued before that date.

The Divisional Court found the Delegate's decision unreasonable, holding that the clear wording of the New Regulation applied to all accidents occurring on or after September 1, 2010, rebutting any presumption against interference with vested rights.

The application for judicial review was granted and the Delegate's decision was quashed.

The applicant brought a motion for a stay of an arbitrator's order which held that an arbitration arising from a 1990 motor vehicle accident could not proceed because the applicant had signed a full and final release.

The applicant sought the stay pending an application for judicial review.

The Divisional Court applied the RJR MacDonald test and found that while there was a serious issue to be tried, the applicant failed to establish irreparable harm or that the balance of convenience favoured a stay.

The court noted that the delay was largely attributable to the applicant and that financial compensation would ultimately be available if successful.

The motion for a stay was dismissed.

The Ontario Nurses Association (ONA) brought a motion under the CCAA seeking an order to restructure the Victorian Order of Nurses for Canada (VON Canada) pension plan.

The ONA proposed transferring assets and liabilities related to VON Ontario employees into a new pension plan and sought a declaration that VON Ontario was not jointly and severally liable for any pension deficits.

The court dismissed the motion, finding that the ONA's proposal did not advance the CCAA's policy objectives of fostering going concern restructuring and avoiding liquidation.

The court also applied the business judgment rule, deferring to VON Canada's board decision to maintain the status quo, and deemed the request for a declaration on future liabilities premature and speculative.

The appellant appealed a decision of the Financial Services Tribunal revoking his mortgage broker licence.

The Tribunal found him unsuitable to remain licensed after he registered mortgages based on forged signatures without verifying the identity or consent of the client's wife.

The Divisional Court upheld the Tribunal's findings on misconduct but found the Tribunal failed to adequately consider lesser penalties than revocation, especially given the appellant's lack of prior disciplinary record.

The appeal was allowed in part, and the matter was remitted to the Tribunal to reconsider the penalty.

The appellant employer appealed decisions of the Financial Services Tribunal ordering a partial windup of its pension plan following a plant closure.

The Tribunal found that a reorganization had occurred prior to the closure and included employees laid off during that period in the windup group.

The Divisional Court dismissed the appeal, finding the Tribunal's determination that a reorganization occurred and its definition of the windup group were reasonable and supported by the evidence.

The court also upheld the Tribunal's jurisdictional rulings regarding the Superintendent's authority.