Bernard C. LeBlanc

Following the dismissal of an application for judicial review on the basis of prematurity, the court determined the costs to be awarded to the respondents.

The respondents sought $36,915 in fees, which the court found to be substantially beyond what might reasonably be anticipated.

The court awarded the respondents costs fixed at $15,000 inclusive of GST and disbursements on a partial indemnity basis.

The College of Physicians and Surgeons of Ontario brought an application regarding an ongoing tribunal hearing involving the Sleep Disorders Centres.

The Divisional Court dismissed the application as premature, finding that no significant harm or breach of natural justice would occur by refusing to decide the issue, especially since the report in question had already been disclosed.

The Court concluded that all related issues should be determined by the tribunal based on a full and complete record.

The appellants alleged they suffered harm due to mislabelled medication and sued the pharmacy.

After the expiry of the one-year limitation period under the Regulated Health Professions Act, they moved to add the dispensing pharmacist and the numbered company operating the pharmacy as defendants.

The motion judge dismissed the motion.

On appeal, the Court of Appeal upheld the dismissal regarding the pharmacist, finding no evidence of due diligence to discover her identity.

However, the Court allowed the appeal regarding the numbered company, holding that it was not a 'health profession corporation' under the Act and was therefore subject to the general six-year limitation period.

The applicant sought judicial review of a decision by the Complaints Committee of the Board of Directors of Drugless Therapy-Naturopathy.

The applicant also brought a motion for an interim stay, while the respondent Board brought a cross-motion to quash the application.

The Board conceded that the Complaints Committee's proceedings were void ab initio because the Board lacked jurisdiction to delegate its disciplinary powers to a committee.

The court agreed, finding the proceedings and any resulting agreements void.

Consequently, the court allowed the cross-motion and dismissed the application for judicial review as an academic exercise.

The applicants sought an order in the nature of certiorari to quash the appointment of an investigator by the College of Physiotherapists of Ontario to examine their practices, and a stay of the investigations.

The Divisional Court dismissed the application as premature, noting the well-established rule against piecemeal judicial review of administrative action absent exceptional circumstances.

The court held that the administrative proceedings should run their full course before judicial intervention.