Michelle Kushnir

The appellant appealed a costs decision of the Discipline Committee of the Association of Professional Engineers of Ontario.

The Committee had dismissed a complaint regarding the appellant's election campaign material but denied his request for costs, finding the commencement of proceedings was not unwarranted.

The Divisional Court held that although the Committee erred in its view of what the Complaints Committee knew, this error did not render the decision unreasonable, as the election material could still reasonably be viewed as crossing the line into unprofessional conduct.

The appeal was dismissed.

The appellants appealed a decision of the respondent's Discipline Committee denying them the costs of a hearing.

The appellants argued that the Complaints Committee's referral of the matter to a hearing was unwarranted because it relied on an expert opinion that should have been rejected upon more careful investigation.

The Divisional Court dismissed the appeal, finding that the Discipline Committee reasonably concluded the referral was not unwarranted based on the information before the Complaints Committee at the time.

During a judicial review application challenging a coroner's decision not to compel the advance production of tapes for an inquest, an issue arose regarding access to information on USB keys.

The Divisional Court ruled that there was no formal motion before the court regarding media access.

Furthermore, the court determined it did not need to access the information on the USB keys at that time, as the parties had already accessed the information and referred to it in their materials without apparent prejudice.