The applicant sought judicial review of a college appeal committee's decision upholding his involuntary withdrawal from a nursing program.
He alleged a reasonable apprehension of bias because one panel member, the college registrar, had previously reviewed his file and discussed his case with him.
A majority of the Divisional Court found that the prior undisclosed involvement did create a reasonable apprehension of bias.
However, the Court unanimously dismissed the application, concluding that the applicant had impliedly waived any objection by failing to raise the issue at the hearing despite being represented by counsel.
