The applicant, a foreign-trained dentist, filed a human rights application alleging that the respondent college's non-exemptible examination requirement for a specialty certificate discriminated against him.
The respondent college requested that the application be dismissed on a preliminary basis under section 45.1 of the Human Rights Code, arguing that the substance of the application had already been appropriately dealt with by its Registration Committee.
The Tribunal found that the Registration Committee process was a 'proceeding' within the meaning of section 45.1, that the discrimination issue was essentially the same, and that the applicant had a full opportunity to present his case.
The Tribunal dismissed the application, noting it is not an appellate body for other tribunals with a public protection mandate.
