Sedgwick

The applicant sought judicial review of a decision by a FSCO Director's Delegate, who had revoked an Arbitrator's award of statutory accident benefits and ordered a new hearing on the basis of inadequate reasons.

The Divisional Court determined that the standard of review for the adequacy of reasons is correctness.

The Court found that the Arbitrator's reasons were sufficiently thorough to explain her rejection of the insurer's medical expert and her acceptance of the applicant's evidence.

The application for judicial review was allowed, the Director's Delegate's decision was set aside, and the Arbitrator's decision was restored.

The applicants, parishioners of St. Brigid's Catholic Church, sought judicial review of the Archbishop's decision to suppress the parish and dispose of the church property.

The Divisional Court dismissed the application, finding it lacked jurisdiction because the Roman Catholic Church is not a statutory body and the decision was made under private canon law, not affecting any property or civil rights of the parishioners.

The court further noted that even if it had jurisdiction, it would not intervene as canon law did not require a public hearing and the church's closure was driven by insurmountable financial difficulties.

The applicant, City of Toronto Economic Development Corporation (TEDCO), was successful on an application for judicial review regarding a freedom of information request made by the respondent, Showline Limited.

TEDCO sought partial indemnity costs of $18,479.00 against Showline.

Showline argued that no costs should be awarded as it was merely exercising its statutory rights and the case raised novel issues of statutory interpretation.

The Divisional Court held that costs should follow the event, noting that Showline is a private commercial entity that mounted a vigorous response.

Applying the principles from Boucher, the court found the requested amount fair and reasonable and awarded TEDCO $18,479.00 in costs against Showline.

The applicant, City of Toronto Economic Development Corporation (TEDCO), sought judicial review of a decision by the Information and Privacy Commissioner/Ontario (IPC) which found that TEDCO was deemed to be part of the City of Toronto under subsection 2(3) of the Municipal Freedom of Information and Protection of Privacy Act.

The IPC had ordered the City to obtain records from TEDCO responsive to a freedom of information request.

The Divisional Court quashed the IPC's decision, holding that the adjudicator erred in interpreting the term 'officers' in subsection 2(3) to include 'directors'.

The Court found that TEDCO, incorporated under the Business Corporations Act, is not subject to the Act.

The applicant, the Régie des rentes du Québec, brought an application for judicial review of a decision by the respondent, the Pension Commission of Ontario, which had approved the withdrawal of a pension surplus by an employer.

The pension plan had members in both Ontario and Québec.

The respondent, acting as the major authority under a reciprocal agreement, applied Ontario law exclusively to the surplus application.

The Divisional Court found the respondent's decision unreasonable because it failed to consider or apply Québec law to the Québec members, despite the plan's terms and the lack of an express exemption.

The decision was quashed as it affected Québec members and remitted for reconsideration.

The Speaker of the Legislative Assembly of Ontario applied for judicial review of a decision by the Ontario Human Rights Commission to investigate a complaint regarding the reading of the Lord's Prayer during the Assembly's daily proceedings.

The Speaker argued that the Commission lacked jurisdiction due to parliamentary privilege.

The Divisional Court granted the application, holding that the Standing Orders governing the Assembly's proceedings fall within the scope of parliamentary privilege and are immune from outside investigation by the Commission.