Owen M. Rees

The applicants, several humane societies, challenged the governance model of the respondent provincial animal welfare society.

After the respondent successfully resisted the application following a membership vote, the parties sought costs.

The applicants argued they should be shielded from costs as public interest litigants.

The court rejected this argument, finding the dispute was primarily about internal governance and control rather than a matter of public importance.

The court apportioned costs based on the stages of litigation and ordered the applicants (excluding one that withdrew) to pay $100,000 in costs to the respondent.

The Court dismissed the appeal and held that an Ontario Court of Justice judge had jurisdiction to conduct a joint trial of provincial offences and summary conviction criminal offences arising from the same events.

The majority applied a functional joinder approach and found a sufficient factual nexus, no statutory prohibition, and no prejudice.

A dissent would have found no jurisdiction based on legislative intent behind the Provincial Offences Act and would have ordered new trials.

A private elector brought a motion for an interim and interlocutory injunction restraining a municipal councillor from attending or voting at city council meetings pending an application challenging the validity of the councillor’s election on residency grounds.

The court applied the three‑part test for interlocutory injunctions from RJR‑MacDonald and found that although there was a serious question to be tried, the applicant failed to demonstrate irreparable harm.

The court also held that the balance of convenience favoured allowing the councillor to continue performing his duties, particularly given the public interest in municipal governance.

The requested injunction would effectively grant the ultimate relief sought prior to adjudication on the merits.

The applicant sought an interim and interlocutory injunction restraining a municipal councillor from attending or voting at meetings of a city council.

The motion arose in the context of a dispute involving the councillor’s participation in municipal governance.

The court declined to grant the requested equitable relief.

The motion for injunctive relief was dismissed, with directions for the parties to provide written submissions on costs.