Natasha Udell

The University of Ottawa brought a motion to set aside a decision finding that the Divisional Court had jurisdiction to hear an application for judicial review brought by the Association of Professors of the University of Ottawa.

The Association sought to challenge the compensation paid to two non-unionized employees, arguing it violated wage restraints under the Broader Public Sector Accountability Act, 2010.

The Divisional Court granted the motion and quashed the application, holding that the compensation decision was essentially a private employment matter lacking the requisite public law dimension for judicial review.

The university brought a motion to quash an application for judicial review filed by a faculty association.

The association sought to challenge the university's decision to increase the compensation of two senior administrators during a statutory wage freeze under the Broader Public Sector Accountability Act.

The court dismissed the motion to quash, finding that the compensation decision had a sufficient public element to be subject to judicial review, that the association had public interest standing, and that it was not plain and obvious that the Act barred the application.