The court of appeal set aside the application judge’s ruling and held that police officers involved in Special Investigations Unit (the “SIU”) investigations were not allowed to have a lawyer vet or assist in the preparation of their field notes

27. December 2011 0
Administrative law – Decisions of administrative tribunals – Police – Remedies – Declaratory relief – Judicial review – Investigations – Mootness – Parties – Standing – Jurisdiction Schaeffer v. Ontario (Provincial Police), [2011] O.J. No. 5033, 2011 ONCA 716, Ontario Court of Appeal, November 15, 2011, R.J. Sharpe, R.P. Armstrong and P.S. Rouleau JJ.A. The ...

Sierra Club Canada (“Sierra Club”) sought a declaration invalidating a permit granted by the Minister of Natural Resources of Ontario (“Ontario”) allowing for a bridge to be built across the Detroit River, and the attendant disturbance of the habitat of several species (the “Permit”)

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial – Public interest – Environmental matters – Wildlife habitat – Environmental impact assessment – Protections of species – Judicial review application – Delay – Bias – Procedural requirements and fairness – Compliance with legislation – Standard of review – Reasonableness simpliciter Sierra Club Canada v. Ontario ...

A judicial review application brought on by a physician was dismissed by the Ontario Superior Court as it declined to intervene during the course of the administrative proceeding

22. November 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Jurisdiction – Investigations – Physicians and surgeons – Competence – Disciplinary proceedings – Judicial review application – Premature – Independent legal counsel – Bias Rudinskas v. College of Physicians and Surgeons of Ontario, [2011] O.J. No. 4714, Ontario Superior Court of ...

The Province of Ontario (“Ontario”) was partly successful on appeal of a motion judge’s order to stay its Superior Court application on the ground that an arbitration process ought to have been followed in a dispute with Imperial Tobacco (“Imperial”) regarding the scope and effect of a release Ontario provided as a term of settlement of a civil claim against Imperial

27. September 2011 0
Administrative law – Arbitration – Scope of arbitration agreement – Arbitrators – Jurisdiction – Class proceedings – Settlements – Releases – Judicial review – Stay of proceedings – Parties – Remedies – Declaratory relief Ontario v. Imperial Tobacco Canada Ltd., [2011] O.J. No. 3392, 2011 ONCA 525, Ontario Court of Appeal, July 20, 2011, S.T. ...

The applicant, an owner of thoroughbred racehorses, had his horseracing and stabling privileges at the Woodbine racetrack revoked by the respondent, Woodbine Entertainment Group (“WEG”) following a training incident in which a horse suffered catastrophic injuries to his front leg and was ultimately euthanized. The applicant appealed his suspension to the respondent, Ontario Racing Commission (“ORC”), and requested that they intervene and restore his privileges. The ORC determined that, while it had the jurisdiction to hear the matter insofar as it related to the good of horseracing and involved the public interest, the applicant had not made out a basis for the ORC to intervene in WEG’s decision.

23. August 2011 0
Administrative law – Decisions of administrative tribunals – Horse Racing – Public interest – Judicial review – Parties – Jurisdiction – Intervenor status – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Schickedanz v. Ontario (Racing Commission), [2011] O.J. No. 3262, 2011 ONSC 4271, Ontario Superior Court of Justice, July 12, 2011, P.A. ...

An application to stay a coroner’s inquest, pending determination of judicial review of coroner’s refusal to expand scope of inquest or grant leave for certain witness to be called, was dismissed

26. July 2011 0
Administrative law – Decisions of administrative tribunals – Coroner’s inquest – Judicial review – Stay of proceedings Ontario (Provincial Advocate for Children and Youth) v. Anderson Inquest (Coroner of), [2011] O.J. No. 2521, 2011 ONSC 3354, Ontario Superior Court of Justice, June 3, 2011, Lederer J. Diane Anderson and two of her children died in ...

The Ontario Court of Appeal held that the Divisional Court erred in its decision ordering the appellant to hold a meeting to consider the respondent’s application as the respondent had not yet exhausted all adequate and available remedies

28. June 2011 0
Administrative law – Decisions of administrative tribunals – Assessment Review Board – Municipalities – Property assessment – Errors – Remedies – Alternative remedies – Mandamus – Judicial review – Compliance with legislation Toth Equity Ltd. v. Ottawa (City), [2011] O.J. No. 2128, 2011 ONCA 372, Ontario Court of Appeal, May 12, 2011, R.J. Sharpe, E.E. ...

A former teacher (“Headrick”) applied for judicial review of a decision of the Ontario College of Teachers (the “College”) which had referred his application for a Certificate of Qualification and Registration (“Certificate”) to the College’s Disciplinary Committee

24. May 2011 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Restoration of membership – Teachers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Suspension – Public interest – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Correctness – Failure to provide reasons – ...

A teacher (“Aris”) succeeded in setting aside an interim suspension order issued by the Ontario College of Teachers (the “College”) which suspended his teacher’s certificate pending the resolution of a complaint. His judicial review application was granted

24. May 2011 0
Administrative law – Decisions of administrative tribunals – College of Teachers – Teachers – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Penalties – Judicial review – Compliance with legislation – Procedural requirements and fairness – Failure to provide reasons Aris v. Ontario College of Teachers, [2011] O.J. No. 1400, 2011 ONSC 1202, Ontario Superior ...

The appellant owned race tracks. The respondent owned race horses. The appellant refused to permit the respondent to race his horses at its tracks unless he signed its Access Agreement (“agreement”) which provided the terms of entry and a formula for sharing wagering revenue. The respondent refused to sign the agreement and sought a declaration from the Ontario Racing Commission (“Commission”) that he could not be required to sign the agreement. The Commission dismissed the application. Upon judicial review, the Divisional Court found the decision to be unreasonable and ordered that appellant be prohibited from excluding the respondent’s horses solely on the basis that he did not sign the agreement. In this case, the appellant appealed the Divisional Court’s decision and the Ontario Court of Appeal restored the Commission’s original decision.

24. May 2011 0
Administrative law – Decisions of administrative tribunals – Horse Racing – Racing Commission – Government – Gaming and betting – Public interest – Judicial review – Natural justice – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Whelan v. Ontario (Racing Commission), [2011] O.J. No. 1748, 2011 ONCA 299, Ontario Court of ...