The applicant judges' association sought judicial review of the Ontario government's decision to reject the pension recommendations of the Fourth Triennial Remuneration Commission.
The government had retained independent actuaries to cost the recommendations before rejecting them.
The Divisional Court held that the actuarial affidavits were admissible, as the government was entitled to seek expert advice to justify its decision.
The court found that the government was not required to return to the Commission before making its decision, and that its rejection of the recommendations met the constitutional standard of simple rationality.