The Patient Ombudsman appealed a Divisional Court decision that quashed its proposed investigation into long-term care homes, which the Divisional Court found was prohibited by s. 13.3(5) of the Excellent Care for All Act, 2010, due to existing proceedings on the matter.
The Court of Appeal dismissed the appeal, upholding the Divisional Court's application of the reasonableness standard and its broad interpretation of "in connection with" in s. 13.3(5).
The court found no error in the Divisional Court's conclusion that the Patient Ombudsman's investigation was unreasonably commenced given the extant proceedings and the clear overlap of subject matter.