Margaret Sims

The applicant sought judicial review of an interim decision by the Human Rights Tribunal of Ontario, which found it had jurisdiction to hear a complaint regarding a withdrawn job offer following a positive pre-employment drug test for marijuana.

The Divisional Court held that the Tribunal erred in law by failing to dismiss the complaint, as recreational marijuana use without actual or perceived disability does not fall under the protected ground of disability in the Human Rights Code.

The Court granted an order of prohibition preventing the Tribunal from hearing the complaint.

The applicant sought an order of prohibition to prevent the Human Rights Tribunal of Ontario from hearing a complaint referred to it by the Ontario Human Rights Commission.

The Divisional Court allowed the application, finding that the Tribunal lacked jurisdiction to hear and determine the complaint, and that the Tribunal was incorrect or unreasonable in deciding it had jurisdiction.

The complaint was dismissed, with detailed reasons to follow.

The applicant, a non-profit charity providing services to developmentally disabled individuals, sought judicial review of a Ministry decision terminating its funding and directing another agency to take over its operations and property.

The Ministry made the decision without notice, citing a loss of confidence following a series of serious occurrences.

The Divisional Court granted the application, finding the decision was the exercise of a statutory power and thus amenable to judicial review.

The court held the decision was illegal and made without jurisdiction because the Ministry failed to obtain the required order in council under the Ministry of Community and Social Services Act.

Furthermore, the decision was patently unreasonable and breached the duty of fairness owed to the applicant.