Court File and Parties
CITATION: Atkinson v. Economical, 2025 ONSC 6463
DIVISIONAL COURT FILE NOS.: 625/23, 083/24 and 084/24
DATE: 20251120
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: PATRICIA ATKINSON
AND:
ECONOMICAL ET AL
BEFORE: Justices Corbett, Faieta and LeMay, JJ
COUNSEL: Ashu Ismail, Counsel for the Appellant, Patricia Atkinson Christine Windsor, Counsel for the Respondent, Dr. Mohamed Khaled Martin Smith, Counsel for the Respondent, Direct IME Melinda Baxter, Counsel for the Respondents, Sarah Miazga and Economical Stephen Whibbs, Counsel for the Respondent, Economical (File Nos. 625/23 and 084/25) Mindy Noble, Counsel for the Respondent, Human Rights Tribunal Jesse Boyce, Counsel for the Respondent, Licence Appeal Tribunal
HEARD: November 18, 2025
ENDORSEMENT
[1] On consent of the Human Rights Tribunal of Ontario (“HRTO”) and the named respondents, we are granting the Order quashing the decision of the HRTO dated December 31st, 2024 and the reconsideration decision dated April 24th, 2025. We are remitting the matter back to the HRTO for further adjudication. Contrary to the request of the Appellant/Applicant, we are not providing any directions to the HRTO as to how the further adjudication is to be conducted.
[2] We are also quashing the decision of the Licence Appeal Tribunal (“LAT”) dated October 3rd, 2023, the reconsideration decision dated January 18th, 2024, and the September 12th, 2025, decision “cancelling” the previous two decisions. All of these decisions are quashed and the matter is remitted to the LAT for a hearing on all issues before a different adjudicator. Given the length of time that this matter has been outstanding, we strongly encourage the LAT to schedule a prompt hearing in this matter, subject to the availability of counsel.
[3] Our reasons for quashing the decisions of the LAT and our disposition of costs are reserved, and reasons will be released in due course.
Corbett J.
_____________________ Faieta J
_____________________ LeMay J.
Released: November 20, 2025