P. Marshall

The applicant sought judicial review of notices of trespass issued by the respondent school boards.

The application was dismissed for delay, and the respondents sought their costs.

The court found no reason to depart from the usual rule that the successful parties are entitled to costs on a partial indemnity basis.

The applicant was ordered to pay fixed costs of $5,611.52 to one board and $1,138.48 to the other.

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing his application.

He alleged his former employer, the Ottawa Catholic School Board, failed to accommodate his return to work from a medical leave by improperly requiring him to attend an independent medical examination (IME).

The Divisional Court dismissed the application, finding the Tribunal reasonably concluded that the employer had a bona fide reason to question the treating physician's medical information and was justified in requesting an IME.

The Court also upheld the Tribunal's refusal to admit post-application evidence regarding the accommodation process.