Rebecca C. Durcan

Following the dismissal of their judicial review application, the applicants argued they should not pay costs because the application was public interest litigation.

The Divisional Court rejected this argument, finding the application was motivated by the practitioner applicants' commercial interests.

The court awarded costs of $30,000 to the Transitional Council and $15,000 to the Minister of Health and Long-Term Care, finding the Transitional Council's initial claim of up to $125,297.56 excessive.

The court ordered all applicants, including patient applicants, to be jointly and severally liable for the costs.

The applicants sought a declaration that Ontario Regulation 27/13 under the Traditional Chinese Medicine Act, 2006 was ultra vires and breached sections 7 and 15 of the Charter.

They argued the regulation failed to create a 'doctor' class of practitioners and imposed discriminatory English or French language fluency requirements.

The Divisional Court dismissed the application, finding the regulation was intra vires, there is no section 7 Charter right to practice a profession unfettered by regulation, and language alone is not a protected ground under section 15.