L.C. Kozak

The applicants brought a motion before a panel of the Divisional Court to set aside interlocutory orders made by a single judge in a pending judicial review application challenging the cancellation of the spring bear hunt.

The panel allowed the motion in part, permitting the applicants to examine the Premier and the Minister of Natural Resources under Rule 39.03 on the narrow issue of whether the Minister exercised independent discretion or was dictated to by the Premier.

The panel upheld the single judge's orders restricting the applicants to four expert witnesses and directing that the respondents' motion to strike portions of affidavits be heard by a single judge prior to the main application.

The appellant appealed a trial judge's decision regarding the quantum and duration of support payments.

The Ontario Divisional Court dismissed the appeal, applying the standard of review from Hickey v. Hickey, and concluded that the facts did not warrant substituting its decision for that of the trial judge.