R. Reilly

The applicant sought costs for an original motion before Justice Maranger and for a judicial review application before the Divisional Court.

The Law Society opposed the request, noting the applicant had mixed success as she did not obtain the permanent stay she sought.

The court agreed the applicant's success was mixed, as it merely maintained the interim stay pending an appeal before the Law Society Appeal Panel.

The court awarded the applicant $5,000 in costs for the motion before Justice Maranger, but declined to award costs for the judicial review.

The applicant school board sought judicial review of an arbitrator's award which found that certain technology integrators, hired as independent contractors through a third party, were actually employees of the board and 'teachers' within the respondent union's bargaining unit.

The Divisional Court held that the standard of review was reasonableness.

The court found the arbitrator's decision unreasonable because he conflated the workers' desire to become employees with a legal intention to form an employment relationship, and his analysis of whether they were teachers was logically flawed.

The application for judicial review was allowed, the award quashed, and the matter remitted for rehearing.

The appellants appealed a decision of the Ontario Rental Housing Tribunal terminating their tenancy and ordering them to pay repair costs.

The appellants argued the Tribunal erred in law by making findings unsupported by evidence and failing to exercise discretion under section 84 of the Tenant Protection Act.

The Divisional Court dismissed the appeal, finding ample evidence supported the conclusion that the tenants caused damage beyond normal wear and tear.

The Court also held the Tribunal member properly considered section 84 and reasonably concluded it would be unfair to the landlord to continue the tenancy.