Mark Edelstein

The College of Nurses of Ontario sought judicial review of an interim decision by the Human Rights Tribunal of Ontario, which refused to dismiss a human rights complaint filed by a nurse.

The nurse alleged discrimination based on disability after the College's Registration Committee imposed conditions on her certificates of registration.

The Health Professions Appeal and Review Board (HPARB) had previously reviewed and upheld the conditions, finding they reasonably accommodated her disability while protecting the public.

The Divisional Court quashed the Tribunal's decision, holding that the Tribunal erred in its interpretation of s. 45.1 of the Human Rights Code by failing to defer to HPARB's specialized public protection mandate and by improperly assessing the adequacy of HPARB's reasons rather than whether the substance of the complaint was appropriately dealt with.

The Health Professions Appeal and Review Board (HPARB) brought a motion to intervene as a friend of the court in an application for judicial review of a Human Rights Tribunal of Ontario decision.

The underlying application was brought by the College of Nurses of Ontario.

The court dismissed the motion, finding that HPARB's participation was not necessary to assist the court, as other parties were well-equipped to address the relevant issues.

Furthermore, the court noted that HPARB's proposed submissions were inappropriately adversarial for a quasi-judicial tribunal.