Bay Ryley

The applicant sought judicial review of a college's decision to involuntarily withdraw him from a respiratory therapy program after he failed clinical placements.

He also challenged the college's refusal to process his internal academic appeal due to missed deadlines.

The Divisional Court dismissed the application, finding the college's academic decision was reasonable and justified by patient safety concerns.

The court also held that the college did not breach procedural fairness in strictly enforcing its internal appeal deadlines.

The appellant sought to amend his appeal to the Divisional Court to include a section 7 Charter challenge against OHIP's refusal to fund his out-of-country liver transplant.

The Charter issue was not raised before the Health Services Appeal and Review Board.

Applying the prerequisites from R. v. Brown, the court allowed the amendment, finding a sufficient evidentiary record, no tactical delay, and that refusing the amendment could result in a miscarriage of justice, particularly given recent Supreme Court jurisprudence in Chaoulli and legislative changes preventing the Board from hearing constitutional issues.