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Request to withdraw human rights application against Ministry granted without terms prior to hearing.
The applicant, a student with Autism Spectrum Disorder, filed a human rights application against the school board and the Ministry of Education regarding his special education placement.
Prior to the hearing, the applicant requested to withdraw the application against the Ministry.
The school board objected, arguing that the withdrawal should be denied or conditions imposed because the application sought public interest remedies affecting the Ministry.
The Tribunal granted the request to withdraw without imposing terms, consistent with its established practice of not inquiring into reasons for withdrawal prior to a hearing, and deferred the determination of appropriate remedies to the hearing adjudicator.
Interim stay granted to halt unilateral changes to Justice of the Peace benefits pending judicial review.
The Association of Justices of the Peace of Ontario brought an urgent motion for an interim stay of the implementation of changes to pre-retirement and post-retirement benefits for Justices of the Peace, pending an application for judicial review.
The applicant argued that the government's unilateral implementation of these changes without input from an independent commission violated constitutional principles of judicial independence.
Applying the RJR-Macdonald test, the court found a serious issue to be tried, irreparable harm to the justices if the stay was not granted, and that the balance of convenience favoured the applicant.
The interim stay was granted.
