The self-represented applicant sought judicial review of decisions by two medical clinics and the Ministry of Health regarding patient transfer policies and his dismissal as a patient.
The respondent clinics brought a motion to quash the application, arguing the court lacked jurisdiction as they were not exercising statutory powers, and that the application was premature and an abuse of process given parallel proceedings before the Human Rights Tribunal of Ontario.
The applicant also brought a motion to add several hospitals as respondents.
The Divisional Court granted the motion to quash, finding the clinics were private entities not exercising state authority, and dismissed the motion to add respondents on similar jurisdictional grounds and as an abuse of process.
