The applicant sought to extend the time to appeal an order of a single judge of the Divisional Court that dismissed his application for judicial review on the grounds that it was frivolous and vexatious.
The application for judicial review had sought mandamus requiring the Pharmacy Examining Board of Canada to produce its decision limiting the number of qualifying exams each candidate is allowed.
The motion judge dismissed the motion on jurisdictional grounds, finding that the Court of Appeal for Ontario lacks jurisdiction to entertain an appeal from an order of a single judge of the Divisional Court on an interlocutory motion.
The proper route of appeal is to a panel of the Divisional Court under section 21(5) of the Courts of Justice Act.
