4 total
Applications for judicial review of interlocutory LAT stay orders dismissed as premature.
The applicants sought judicial review of interlocutory orders staying their proceedings before the License Appeal Tribunal (LAT) regarding catastrophic impairment claims.
The LAT had stayed the proceedings to allow the applicants to attend medical examinations requested by the insurer.
The Divisional Court dismissed the applications as premature, applying the principle that courts should not interfere with ongoing administrative proceedings absent exceptional circumstances.
The court found no such exceptional circumstances, even though the applicants raised a jurisdictional issue regarding the LAT's power to issue the stays.
Appeal and judicial review of LAT decision denying attendant care benefits dismissed for lack of jurisdiction.
The appellant appealed and sought judicial review of a Licence Appeal Tribunal decision denying her entitlement to attendant care benefits following a catastrophic motor vehicle accident.
The Divisional Court dismissed the appeal, finding that the alleged errors were questions of mixed fact and law, not extricable questions of law, and that the appellant failed to establish a reasonable apprehension of bias.
The court also declined to exercise its discretion to hear the judicial review application, as the case did not present exceptional circumstances.
Judicial review converted to appeal; Board erred in finding procedural fairness violation regarding evidentiary weight.
The applicant sought judicial review of an Assessment Review Board decision directing a rehearing of a property tax assessment appeal.
The Divisional Court held that the matter should proceed as an appeal under s. 43.1 of the Assessment Act rather than a judicial review, to preserve the court's gate-keeping function.
Converting the application to an appeal, the court granted leave and allowed the appeal, finding the Board erred in law by concluding there was a procedural fairness violation.
The Board had admitted the landowner's evidence but gave it no weight, which is a matter of evidentiary weight, not procedural fairness.
Judicial review of Assessment Review Board decision dismissed due to failure to pursue statutory appeal.
The applicant sought judicial review of a decision by the Assessment Review Board dismissing her property assessment appeals.
The Divisional Court dismissed the application, noting that judicial review is discretionary and the applicant failed to pursue the statutory right of appeal in a timely manner without explanation.
Furthermore, the application lacked merit as the Board reasonably dismissed the appeals after the applicant repeatedly failed to comply with rules regarding the Statement of Issues despite receiving proper notice.
