The applicant, a private career college, sought judicial review of a Restraining Order issued by the Superintendent of Private Career Colleges.
The Superintendent had issued the order alongside a Notice of Contravention without providing the applicant prior notice or an opportunity to respond.
The Divisional Court held that the application was not premature and found that the Superintendent breached the duty of procedural fairness by failing to allow submissions before issuing the Restraining Order.
However, because the applicant was subsequently given an opportunity to be heard, which cured the procedural defect, the application was dismissed.
No costs were awarded due to the initial breach of fairness.
