Sera v. Ambroise, 2014 ONSC 2981
Since the test for leave is conjunctive, the Respondent's motion must fail as she has not satisfied the court that there is good reason to doubt the correctness of the decision in question.
For the sake of completeness, however, I find it desirable to consider the second part of the conjunctive test under Rule 62.02(4)(b).
There is no doubt that French language rights are of fundamental importance in this province. Not only do they offer some measure of security to the francophone community, a community which has formed an integral part of the historical and cultural fabric of this province since Confederation, but they also serve the wider purpose of promoting access to justice for the greatest number of Ontario citizens.
In my opinion, however, the facts of this case leave it outside the rarefied spectrum of language rights cases which might qualify as sufficiently important to warrant leave being granted. The Respondent's language rights were never denied to her. They were not suspended, trammeled or even questioned. At the earliest opportunity, they were afforded to her. They have been respected and now enshrined in the proceedings.
(par. 19-22)
