Laura K. Bisset

The appellants appealed a decision of the Toronto Local Appeal Body (TLAB) Chair, who had cancelled a TLAB member's decision granting the appellants' application for property severance and minor variances.

The appellants argued they were denied procedural fairness during the review process and that the Chair applied an incorrect standard of review.

The Divisional Court dismissed the appeal, finding that the TLAB met its duty of procedural fairness by providing notice and an opportunity to make submissions, and that the Chair applied the correct standard of review by identifying compelling grounds of jurisdictional and factual errors before substituting his own findings.

The moving party sought a stay of an Ontario Municipal Board hearing pending a motion for leave to appeal the Board's decision dismissing its motion to remove the responding parties' lawyers of record due to an alleged conflict of interest.

The Divisional Court dismissed the motion for a stay, finding that the moving party failed to establish a serious issue to be tried, irreparable harm, or that the balance of convenience favoured a stay.

The appellant, a commercial truck driver, appealed his conviction under the Highway Traffic Act for operating a truck with a speed limiter set above the mandated 105 km/h.

He argued the speed limiter requirement violated his right to security of the person under section 7 of the Charter by preventing him from accelerating to avoid collisions.

The Court of Appeal held that while the legislation infringed section 7 by being overbroad in rare situations where acceleration is necessary to avoid accidents, the infringement was demonstrably justified under section 1 of the Charter as a reasonable limit to improve highway safety and reduce greenhouse gas emissions.

The appeal was dismissed.

The applicants, who recently took over the operation of a convenience store, sought judicial review of a Minister's decision applying a tobacco sales prohibition order to them.

The prohibition was issued under section 16 of the Smoke-Free Ontario Act because employees of the prior, unrelated operator had been twice convicted of selling tobacco to minors.

The Divisional Court allowed the application, holding that on a purposive interpretation of the Act, the prohibition can only be applied to a person who has committed at least one tobacco sales offence.

Since the applicants had never been convicted of such an offence, the Minister lacked jurisdiction to apply the prohibition to them.

The applicants, commercial motor vehicle operators, sought a mandatory injunction or stay of the Registrar of Motor Vehicles' decision to downgrade their safety ratings from 'Satisfactory' to 'Conditional'.

The applicants argued the Registrar erred by using a kilometric measure and by attributing the same rating to an associated company.

The Divisional Court dismissed the motion, finding no serious issue to be tried as the Registrar acted within his statutory authority and did not breach procedural fairness.

The court also held that the balance of convenience favoured the public interest in highway safety over the applicants' pecuniary interests.

The moving party municipality sought leave to appeal a decision of the Ontario Municipal Board that approved official plan and zoning bylaw amendments permitting a mixed-use high-density development.

The municipality argued the Board failed to have regard to its new official plan, exceeded its jurisdiction regarding community benefits, and provided inadequate reasons.

The Divisional Court dismissed the motion for leave to appeal, finding that the Board's decision on the applicable official plan and height issues were matters of fact or mixed fact and law entitled to deference.

The court also held that the Board did not impose community benefits and that its reasons were adequate and met the duty of procedural fairness.