Ministry of Correctional Services v. Goodis
Blair J.'s order was a discretionary decision made within his jurisdiction to control court process and ensure procedural fairness; the Divisional Court correctly refused to set it aside; the appeal is dismissed and the requester is awarded costs of $9,400.00.
Source-derived case information.
- Citation
- C42100
- Parties
- Appellant: Ministry of Correctional Services; Respondent: David Goodis, Senior Adjudicator; Requester: Jane Doe
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 January 2005
- Procedural Posture
- Civil / Appeal to Court of Appeal From Divisional Court Order
- Outcome
- Appeal dismissed
- Legal Topics
- Procedural Fairness, Jurisdiction to Control Court Process, Discretionary Judicial Orders, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ministry of Correctional Services
Appellant
David Goodis, Senior Adjudicator
Respondent
Jane Doe
Requester
Procedural Posture
Civil / Appeal to Court of Appeal From Divisional Court Order
Legal Issues
- 1 Whether Blair J. had jurisdiction to make the impugned order
- 2 Whether the Divisional Court erred in refusing to set aside Blair J.'s order
- 3 Whether the requester was entitled to costs and the amount thereof
Ratio Decidendi
Blair J.'s order was a discretionary decision made within his jurisdiction to control court process and ensure procedural fairness; the Divisional Court correctly refused to set it aside; the appeal is dismissed and the requester is awarded costs of $9,400.00.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Requester Jane Doe entitled to costs fixed at $9,400.00 including costs of the application for leave to appeal
Full Case Text
Judgment text and source record
1 paragraphs
Ministry of Correctional Services v. Goodis Collection Decisions of the Court of Appeal Date 2005-01-14 Docket numbers C42100 Judges McMurtry, Roy; Catzman, Marvin Adrian; Lang, Susan Elizabeth Subject Civil Decision Content DATE: 20050114 DOCKET: C42100 COURT OF APPEAL FOR ONTARIO RE: MINISTRY OF CORRECTIONAL SERVICES (Applicant/Appellant) v. DAVID GOODIS, SENIOR ADJUDICATOR AND JANE DOE, REQUESTER (Respondents) BEFORE: McMURTRY C.J.O., CATZMAN AND LANG JJ.A. COUNSEL: Sara Blake for the appellant William Challis for the respondent, David Goodis Phil Tunley and Christine Lonsdale For the Requester, Jane Doe HEARD & ENDORSED: January 14, 2005 On appeal from the order of the Divisional Court (MacFarland, McCombs and Wilson JJ.) dated January 26, 2004 which dismissed the motion to set aside the order of Justice Blair dated October 24, 2003. APPEAL BOOK ENDORSEMENT [1] The Divisional Court found that Blair J. sitting as a judge of that court had jurisdiction to control the process of the court and to ensure procedural fairness to all parties. In our view, Blair J.’s order was a discretionary one made within his jurisdiction. [2] The Divisional Court found no basis for interfering with his order, nor do we. The appeal is therefore dismissed. The Requestor is entitled to her costs fixed in the total amount of $9,400.00 including the costs of the application for leave to appeal.