Stephen J. Moreau

The employer brought an application for judicial review to quash an arbitration award that found supervisors were included in the bargaining unit.

The employer argued the arbitration board chair denied natural justice by circulating a draft award without a prior meeting of the panel, and that the majority's interpretation of the collective agreement was unreasonable.

The Divisional Court dismissed the application, finding no agreement to hold a meeting prior to drafting, that the employer nominee had an opportunity to participate, and that the majority's interpretation of the recognition clause was reasonable.

The Ontario Nurses Association brought a motion to review and set aside a decision of Molloy J., which struck out an affidavit containing correspondence between an arbitration chair and the employer's nominee.

The underlying judicial review application by the Board of Health alleged a denial of natural justice because the arbitration board did not discuss the evidence before the chair issued a proposed decision.

The Divisional Court dismissed the motion, agreeing with Molloy J. that the correspondence was unnecessary to introduce as evidence because the facts it sought to establish were already addressed in the chair's reasons and were not disputed.

The Ontario Review Board ordered an independent psychiatric assessment for an accused and directed the Attorney General to pay the costs.

The Attorney General successfully applied to quash the funding order.

The Board appealed.

The Court of Appeal dismissed the appeal, holding that the Board lacks jurisdiction under Part XX.1 of the Criminal Code to order the Attorney General or any other party to pay for an assessment, and that the Board must bear the costs through its own budget.

The appellant appealed an order denying an adjournment and finding no good defence on the merits.

The Court of Appeal found no error in the motion judge's exercise of discretion to deny the adjournment and agreed that the appellant failed to show a good defence on the merits.

The appeal was dismissed with costs.

The appellant chiropractor appealed a Discipline Committee decision finding him guilty of professional misconduct and imposing a suspension.

The misconduct related to administering Hyperbaric Oxygen Therapy to a mentally disabled patient without proper consent, which was found to be outside the scope of chiropractic practice.

The appellant argued the Committee erred by making findings on uncharged matters, failing to give adequate notice, and erring in its credibility assessment.

The Divisional Court dismissed the appeal, finding the appellant had adequate notice through pre-hearing disclosure and that the Committee's credibility findings and penalty were reasonable.

The appellant, who had been found not guilty by reason of insanity, applied for a declaration restricting the interpretation of the victim notification requirements under s. 672.5(13.2) of the Criminal Code and challenging their constitutional validity.

The Ontario Review Board had previously adjourned his hearings to notify potential victims, but eventually granted him an absolute discharge when no victims were found.

The Divisional Court dismissed the appeal for mootness, declining to exercise its discretion to hear the case because the appellant had already been discharged and there was no factual record involving actual victims to properly determine the statutory and constitutional issues.