O. Filetti

The applicant sought judicial review of an interim decision by the Ontario Special Education Tribunal refusing to recuse its adjudicators for alleged bias.

The court issued a notice under Rule 2.1.01 of the Rules of Civil Procedure, raising concerns that the application was an abuse of process because the tribunal proceedings were ongoing.

Finding no exceptional circumstances to justify interfering with an ongoing administrative proceeding, the court dismissed the application as patently premature.

The applicant, a police officer, sought judicial review of an Ontario Civilian Police Commission decision upholding a finding of discreditable conduct and a penalty of 80 hours' forfeited pay.

The misconduct stemmed from a $50 anonymous donation the applicant made to the 'Freedom Convoy' protests while on unpaid leave.

The Divisional Court dismissed the application, finding it was reasonable for the Commission to conclude the protests were illegal and that the limitation on the applicant's freedom of expression was proportionate to the statutory objectives of maintaining effective policing.

The court also upheld the Commission's refusal to hear a new abuse of process argument on appeal.

The tenant appealed a Landlord and Tenant Board decision denying an extension of time to request a review of a prior consent eviction order.

At a case conference, the court considered the conditions for maintaining the statutory stay of eviction pending the appeal.

Finding that the tenant had paid no rent since the LTB proceedings and owed significant arrears, the court ordered the tenant to pay $10,000 in prior arrears, 50% of recent arrears, and ongoing monthly rent to maintain the stay.

Failure to make the payments would result in the stay being lifted.