24 total
Appeal from Ontario Review Board dismissed; overriding joint submission was reasonable.
The appellant appealed the dispositions of the Ontario Review Board.
The Court of Appeal dismissed the appeal, finding no basis to interfere as the Board did not misapprehend the evidence and its decision to override the joint submission was reasonable.
The 'least onerous and least restrictive' requirement for NCR dispositions applies to the conditions of detention.
The appellant was found not criminally responsible for an assault with a weapon due to a mental disorder.
The Review Board ordered his transfer to a medium security hospital with privileges, applying the 'least onerous and least restrictive' test to the conditions of his detention.
The Court of Appeal held this test only applied to the choice of disposition, not the conditions.
The Supreme Court of Canada allowed the appeal, holding that the 'least onerous and least restrictive' requirement under s. 672.54 of the Criminal Code applies to both the disposition and the particular conditions forming part of it.
Appeal regarding OLRB jurisdiction over Ministry inspectors quashed as moot following settlement and statutory amendment.
The Union appealed a Divisional Court decision dismissing its application for judicial review of an Ontario Labour Relations Board decision.
The Board had concluded it lacked jurisdiction to issue remedies against Ministry of Labour inspectors regarding work refusal investigations under s. 43(7) of the Occupational Health and Safety Act.
Prior to the appeal, the underlying dispute was settled and the statutory provision was amended.
The Court of Appeal quashed the appeal as moot, declining to exercise its discretion to hear it due to an incomplete record and judicial economy.
Limitation period defences must be pleaded in a statement of defence before a motion to strike.
The appellant sued the Crown and two police officers for false arrest, false imprisonment, malicious prosecution, and other torts after criminal charges against him were withdrawn upon his entering a peace bond.
The motions judge struck the statement of claim for failure to give proper notice under the Proceedings Against the Crown Act and for expiry of the limitation period under the Public Authorities Protection Act.
On appeal, the Court of Appeal held that the notice requirements do not apply to individual police officers and that a limitation period defence must be pleaded in a statement of defence before a motion to strike can be brought.
The appeal was allowed in part, reinstating the claims for false arrest, false imprisonment, and negligence against the police officers.