The Association of Justices of the Peace of Ontario brought an urgent motion for an interim stay of the implementation of changes to pre-retirement and post-retirement benefits for Justices of the Peace, pending an application for judicial review.
The applicant argued that the government's unilateral implementation of these changes without input from an independent commission violated constitutional principles of judicial independence.
Applying the RJR-Macdonald test, the court found a serious issue to be tried, irreparable harm to the justices if the stay was not granted, and that the balance of convenience favoured the applicant.
The interim stay was granted.
