Knauff v. Ontario (Human Rights Tribunal) et al., ONCA, Court File COA-25-OM-0074

Joint Intervener Factum of ACTO/ Animal Justice/CCLA/CFE/Democracy Watch/ISAC  – Ontario Court of Appeal.

The issue is to update the test for leave to appeal decisions of the Ontario Divisional Court. We argue the test for leave to appeal established by the Ontario Court of Appeal in its 1972 Sault Dock decision should be refreshed to reflect the evolution of administrative, constitutional, and human rights law over the past 50 years, and the role of the Divisional Court in response to those changes. Based on key legal developments in recent decades, we suggest there is a need for the leave test to focus on the criterion of “public importance.” We propose a non-exhaustive list of factors that this Court ought to consider when deciding whether to grant leave to appeal decisions of the Divisional Court.