In Which Ontario Court Do I Bring My Constitutional Challenge?

"Can a litigant challenge the constitutional validity of subordinate legislation such as a provincial regulation by bringing an application under Rule 14.05 in Superior Court or is she required to proceed by way of an application for judicial review in the Divisional Court?" Justice Belobaba says "Yes" in Di Cienzo v. Attorney General of Ontario.¹

Background

Ms. Di Cienzo was a bus driver. Her bus license was automatically revoked pursuant to Ontario Drivers' License Regulation after she lost one eye to cancer. She believed she could drive a bus as safely as a person with two eyes. Relying on Supreme Court precedent,² she challenged the constitutionality of the regulation, arguing that it discriminated on the basis of physical disability contrary to s. 15(1) of the Charter.