2 total
Judicial review applications dismissed as premature where statutory remedies remained available.
Two physicians sought judicial review and constitutional relief challenging registration requirements under the Medicine Act and requesting mandamus orders compelling the regulatory body to issue certificates of registration.
They also sought Charter-based relief preventing the regulator from investigating professional conduct.
The court held that the applications were premature because the applicants had alternative statutory remedies through the regulator’s processes, including review by the Health Professions Review Board and appeal to the Divisional Court.
The applicants had also failed to provide sworn evidence or comply with procedural requirements for judicial review.
The court further found the requested mandamus and constitutional relief lacked factual and legal foundation and dismissed the applications.
Action against regulatory college and witnesses struck due to statutory immunity and absolute privilege.
The plaintiff, a former member of the Ontario College of Social Workers and Social Service Workers, sued the College, its external counsel, the complainant, and witnesses for damages arising from the revocation of her registration following a disciplinary hearing.
The defendants moved to strike the claim.
The court granted the motion, finding that the College and its counsel were protected by statutory immunity under the Social Work and Social Services Work Act, 1998, and that the complainant and witnesses were protected by the doctrine of absolute privilege.
The court also struck claims relying on evidence rendered inadmissible by statute and claims lacking sufficient material facts, granting leave to amend only certain specific claims.
