The applicants sought to bring their application for judicial review before a single judge of the Divisional Court pursuant to s. 6(2) of the Judicial Review Procedure Act.
The underlying application challenged the respondent hospital's decision to suspend the applicants' research activities following a finding of research misconduct.
The court dismissed the motion, finding that the applicants failed to establish the requisite urgency or that a delay would result in a failure of justice, noting the applicants' own delay in bringing the application.
The matter was transferred to be heard by a full panel of the Divisional Court.