L. Crowell

The respondents, Trillium Gift of Life Network and University Health Network, brought motions to dismiss and transfer applications challenging the constitutionality of liver transplant waitlist criteria for patients with alcohol-related liver disease.

UHN moved to dismiss the application against it, arguing the Charter did not apply to its clinical decisions.

Trillium moved to transfer the application to the Divisional Court, arguing it involved the review of a statutory power.

The Superior Court dismissed both motions, finding it was not plain and obvious that the Charter did not apply to UHN's adoption of the criteria, and affirming the Superior Court's inherent jurisdiction to grant Charter remedies without bifurcating the proceedings.

The plaintiff in a medical malpractice action moved for an order nunc pro tunc to extend the deadlines set out in a previous consent timetable order.

The court applied the test for setting aside a Registrar's dismissal order, considering the explanation for delay, inadvertence, promptness of the motion, and prejudice to the defendants.

Finding the plaintiff's explanations for missing multiple deadlines inadequate and not the result of inadvertence, the court dismissed the motion and directed the Registrar to dismiss the action for noncompliance.