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The Ontario Court of Appeal dismissed CUPW’s appeal, holding the back-to-work challenge was moot and, alternatively, that any s. 2(d) limit was justified under s. 1.
The defendant's impugned council and public statements were expressions on matters of public interest; there are grounds to believe the defence of qualified privilege is available for those communications and it was not defeated by malice on the record; the plaintiff therefore has not established there are grounds to believe the defendant has no valid defence, and the public interest in protecting political expression outweighs the asserted harm, so the action is dismissed under s.4(2) PPPA.
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Although CFE has a clear institutional interest in freedom of expression matters, leave to intervene was denied because its proposed submissions would largely duplicate the appellant's arguments, risk reframing and expanding the issues beyond those before the court, and would not materially assist the court given the motion judge applied the established s.137.1 analytical framework; intervention must be sparingly granted and provide a distinct, useful contribution.
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The Commission’s decision to refer the complaint to a Board of Inquiry was quashed because the Investigative Report failed to engage the statutory discrimination test (s.4/s.5), ignored the statutory protection for freedom of expression (s.7), and relied on irrelevant, erroneous and speculative material such that there was no rational chain of analysis to support a referral and the Decision was unreasonable under Vavilov.
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Appeal dismissed from a family-law order authorizing HPV vaccination of children and restricting discussion of the vaccine. The Court found no ignored evidence, bias, or free-expression error.
Applying a deferential standard and purposive, contextual interpretation, the court upheld the application judge’s findings that the by-law was enacted in good faith within municipal authority, its provisions (as amended and read in context) do not infringe the Charter rights alleged nor conflict with provincial statutes (RTA, Building Code Act, MFIPPA), and the licensing, entry and information requirements are lawful and proportionate; therefore the application to quash was properly dismissed.
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Manual floating is within the Act's definition of 'dentistry' and thus the 'practice of veterinary medicine' (s.2(s)); the respondent is unlicensed and not exempt; she has objectively continued to advertise, teach and offer manual floating to the public in Nova Scotia; under the lower statutory threshold for injunctions in s.20(1) the NSVMA established reason to believe a continuing contravention and the court granted a permanent injunction limited to prohibiting public practice, teaching, advice and advertising of equine dentistry (while permitting floating of her own horses and non-promotio…
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The Federal Court dismissed David Brown’s judicial review of a final grievance decision, finding the process fair, the reasons reasonable, and no basis to revisit Labour Program matters.
The court granted VIU a limited interim injunction against a campus encampment, finding a strong prima facie trespass case and rejecting a campus-wide order as overbroad.
The CEO's decision was unreasonable because she misinterpreted s.307—which applies to knowingly false statements about a candidate's personal character or conduct—and therefore lacked a reasonable basis to order removal of campaign materials or to announce the commencement of a police investigation; the CEO also failed to demonstrate proportional consideration of Charter values.
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