Owen M. Rees

The applicants, several humane societies, challenged the governance model of the respondent provincial animal welfare society.

After the respondent successfully resisted the application following a membership vote, the parties sought costs.

The applicants argued they should be shielded from costs as public interest litigants.

The court rejected this argument, finding the dispute was primarily about internal governance and control rather than a matter of public importance.

The court apportioned costs based on the stages of litigation and ordered the applicants (excluding one that withdrew) to pay $100,000 in costs to the respondent.

The Court dismissed the appeal and held that an Ontario Court of Justice judge had jurisdiction to conduct a joint trial of provincial offences and summary conviction criminal offences arising from the same events.

The majority applied a functional joinder approach and found a sufficient factual nexus, no statutory prohibition, and no prejudice.

A dissent would have found no jurisdiction based on legislative intent behind the Provincial Offences Act and would have ordered new trials.

A private elector brought a motion for an interim and interlocutory injunction restraining a municipal councillor from attending or voting at city council meetings pending an application challenging the validity of the councillor’s election on residency grounds.

The court applied the three‑part test for interlocutory injunctions from RJR‑MacDonald and found that although there was a serious question to be tried, the applicant failed to demonstrate irreparable harm.

The court also held that the balance of convenience favoured allowing the councillor to continue performing his duties, particularly given the public interest in municipal governance.

The requested injunction would effectively grant the ultimate relief sought prior to adjudication on the merits.

The applicant sought an interim and interlocutory injunction restraining a municipal councillor from attending or voting at meetings of a city council.

The motion arose in the context of a dispute involving the councillor’s participation in municipal governance.

The court declined to grant the requested equitable relief.

The motion for injunctive relief was dismissed, with directions for the parties to provide written submissions on costs.

The appellant appealed a Divisional Court decision that found a reasonable apprehension of bias regarding the adjudicator appointed for a police disciplinary hearing.

After leave to appeal was granted, the respondent officer retired, which by operation of the Police Services Act ended the disciplinary proceedings.

The Court of Appeal dismissed the appeal as moot, declining to exercise its discretion to hear the case because the substratum of the dispute had disappeared and the issues did not raise questions of broad public importance.

Eight police officers sought judicial review of decisions by the Toronto Police Services Board allowing the Chief of Police to delay serving Notices of Hearing for public complaints arising from the G20 summit.

The respondents moved to dismiss the application for prematurity.

The Divisional Court dismissed the application, finding no exceptional circumstances to justify judicial review of an interlocutory administrative decision.

The court noted the officers had an adequate alternative remedy to raise the issue of prejudice caused by delay through an abuse of process motion before the hearing officer.

The applicants sought judicial review of a decision by the Ontario Racing Commission, which upheld a private racetrack's decision to suspend the applicant owner's racing and stabling privileges following the death of a 13-year-old racehorse during training.

The Divisional Court dismissed the application, finding that the Commission had jurisdiction to determine whether the public interest warranted interfering with the racetrack's private property rights.

The Court held that the Commission's decision was procedurally fair and reasonable, as the evidence supported the finding that the applicant failed to take reasonable precautions regarding the horse's fitness.

The applicants sought to extend a stay of a 12-month license suspension imposed by the Executive Director of the Ontario Racing Commission pending a judicial review.

The respondent argued the judicial review was premature as the applicants had not exhausted their right of appeal to the Commission.

Applying the RJR MacDonald test, the court found a serious issue to be tried regarding the lack of reasons for the suspension, irreparable harm to the applicant's racing operation, and the balance of convenience favouring the applicant.

The motion was granted and the stay was extended to allow the judicial review to be heard alongside a related application.

The applicant, a police officer, brought an application for judicial review to prohibit a retired superintendent from continuing as an adjudicator in a disciplinary proceeding against him.

The adjudicator had previously presided over two other disciplinary hearings involving the applicant and had expressed opinions regarding his character.

The Divisional Court granted the application, finding that an informed person would conclude there was a reasonable apprehension of bias due to the adjudicator's pre-existing knowledge of the applicant's disciplinary history.

The applicant police officer sought a stay of his disciplinary proceedings pending an application for judicial review.

The judicial review application alleged a reasonable apprehension of bias against the adjudicator, who had previously presided over other hearings involving the applicant.

The Divisional Court dismissed the motion for a stay, finding that while there was a serious issue to be determined, the applicant failed to establish sufficient irreparable harm and the balance of convenience favoured the public interest in proceeding with the hearings without further delay.

Several police officers sought judicial review of a decision by the Toronto Police Services Board granting the Chief of Police an extension of time to serve notices of disciplinary hearings under s. 69(18) of the Police Services Act.

The officers argued that the Board breached procedural fairness by failing to provide full disclosure of the investigative brief, denying an oral hearing, and providing inadequate reasons.

The Divisional Court dismissed the applications, finding that the Board's procedure met the minimal requirements of fairness for an administrative, pre-charge decision and that the Board's decision to allow the delay was reasonable given the unprecedented complexity of the underlying criminal investigation.

The applicants, several police officers, brought a motion for a limited publication ban regarding Notices of Hearing and the Chief of Police's report.

The Divisional Court dismissed the motion, finding that inadequate notice was given for the relief regarding the Notices of Hearing, and that the applicants failed to satisfy the Dagenais/Mentuck test for a publication ban on the Chief's report, agreeing with the prior endorsement of the motion judge.