The applicants, the City of Toronto and the Association of Municipalities of Ontario, brought a motion for an interim injunction to stop an arbitration between the respondents, Resource Productivity & Recovery Authority and Stewardship Ontario.
The applicants argued that the arbitration was not the proper forum to challenge a funding obligation decision and sought to have the matter determined by judicial review.
The Divisional Court dismissed the motion, finding that the applicants failed to demonstrate irreparable harm and that the balance of convenience favoured allowing the arbitration to proceed as scheduled.