Melinda Jane Baxter

The appellant sought judicial review of decisions from the Human Rights Tribunal of Ontario (HRTO) and the Licence Appeal Tribunal (LAT).

On consent, the Divisional Court quashed the HRTO decisions and remitted the matter for further adjudication without specific directions.

The Court also quashed the LAT decisions and remitted the matter for a new hearing before a different adjudicator, with reasons to follow.

The applicant/appellant commenced a second application to the Licence Appeal Tribunal (LAT) seeking damages and declaratory relief against her insurer and various non-insurer parties for alleged tortious conduct related to her statutory accident benefits (SABS) claims.

The LAT dismissed the application for lack of jurisdiction, noting it had no authority to award damages or make orders against non-insurers.

The applicant/appellant appealed to the Divisional Court.

The Court issued a notice under Rule 2.1.01 of the Rules of Civil Procedure and subsequently dismissed the proceedings as frivolous, vexatious, and an abuse of process, finding that the LAT lacks statutory jurisdiction to grant the requested relief and that the proceedings were an impermissible collateral attack on a prior final LAT decision.

The defendant brought a consent motion in writing to adjourn a trial scheduled for October 5, 2020, arising from a 2012 motor vehicle accident.

The parties sought the adjournment because they had not held a pretrial conference and claimed scheduling conflicts prevented them from attending a pretrial date offered by the court in September.

The court dismissed the motion, noting that trial dates in Toronto are only adjourned in extenuating circumstances.

The court found the motion materials deficient and held that counsel's preference to schedule a pretrial after the trial date was not a compelling reason to adjourn a trial that had been fixed for over a year.

Wawanesa Mutual Insurance Company and Wahaj Ahmed brought a motion to compel Romaiya Ahmed, Shi Shang, and Jian Yang to deliver full and final releases following a settlement agreement to dismiss claims against Wawanesa and Wahaj on a 'without costs' basis.

The court found that the delivery of a full and final release is an implied term of settlement unless otherwise agreed, and no such agreement was made.

The court granted the motion, ordering the delivery of the releases.