Peter E. Chisholm

Following a judicial review application where the court found a reasonable apprehension of bias by the Child and Family Services Review Board, the parties sought costs against the tribunal for both the tribunal hearing and the judicial review.

The Divisional Court held it lacked jurisdiction under section 131 of the Courts of Justice Act to award costs for the proceeding before the administrative tribunal.

Furthermore, the court declined to award costs of the judicial review application against the tribunal, finding its participation was not adversarial and its conduct did not rise to the exceptional level required to justify such an award.

The self-represented parties' alternative claim for costs against the children's aid society was also dismissed as they were unsuccessful in the application.

The children's aid society and the prospective adoptive parents sought judicial review of decisions by the Child and Family Services Review Board regarding the adoption placement of a child.

The Board had rescinded the society's decision to refuse another foster family's adoption application and confirmed the termination of the prospective adoptive parents' adoption placement.

The Divisional Court allowed the applications for judicial review, finding that the Board's conduct during the hearing, including uneven treatment of the foster families and inappropriate questioning of witnesses, gave rise to a reasonable apprehension of bias.

The Court set aside the Board's decisions and ordered a new hearing before a newly constituted panel to determine the child's current best interests.

The applicant sought declaratory or prerogative relief regarding whether she had elected to receive WSIB benefits and whether such an election was valid.

The Divisional Court dismissed the application as premature, noting that the Workplace Safety and Insurance Board and the Workplace Safety and Insurance Appeals Tribunal had not yet decided these issues.

The Court emphasized that the Board should provide election forms to workers as soon as it becomes aware of an illness to ensure they seek legal advice promptly.

The Children's Aid Society applied for judicial review of a ruling by the Commissioner of the Cornwall Public Inquiry that allowed public disclosure of CAS documents containing information reported to the Child Abuse Register.

The Commissioner had reasoned that because the documents came from CAS files rather than the Register itself, they were not protected by the confidentiality provision in s. 75(6) of the Child and Family Services Act.

The Divisional Court quashed the ruling, holding that a literal interpretation would lead to an absurdity and frustrate the legislative intent.

The court found that the information in the CAS files and the information protected by the Register's confidentiality provision are co-extensive and must be protected from public disclosure.

The appellants appealed a decision dismissing their motion on the basis that the Superior Court of Justice lacked jurisdiction because the matter was in the nature of a judicial review application.

The appellants argued the Superior Court had inherent jurisdiction to decline to approve a settlement by the Workers' Compensation Board.

The Court of Appeal dismissed the appeal, holding that the Board's decision to compromise the action was an exercise of a statutory power of decision, and any challenge must be brought by way of judicial review before the Divisional Court.

The appellant municipality appealed an order declaring that an amended lease remained in force and that the parties should proceed to arbitration under that lease.

Reviewing the correspondence and internal memoranda, the court held the parties had reached a meeting of the minds on revised terms, including early termination, which superseded the prior lease arrangement.

The application judge erred in finding there had been no acceptance of renegotiation proposals.

The appeal was allowed, the application was dismissed, and costs were awarded to the appellant.